Processo penale - Impugnazione: revisione | Riassunti procedura penale

This video focuses on review (Articles 629 et seq. of the Italian Code of Criminal Procedure). Review is an extraordinary appeal available against final convictions, including those issued pursuant to Article 444, paragraph 2 (plea bargaining), as well as against final criminal convictions. It is permitted at any time, even when the sentence has already been served or extinguished, and is structurally oriented in favor of the convicted person, constituting the primary means of eliminating judicial errors. (A plea bargaining ruling, in this case, is assimilated to a conviction even if it does not contain a determination of liability.) Unlike ordinary appeals, review does not transfer the case to a higher court, but is assigned to the Court of Appeal identified according to the jurisdictional criteria established by Article 11 of the Italian Code of Criminal Procedure. The cases for review are mandatory and indicated by Article 11 of the Italian Code of Criminal Procedure. 630 of the Code of Criminal Procedure. These include: conflict between incompatible judgments; revocation of a civil or administrative judgment that formed the basis for the conviction; the emergence or discovery of new, decisive evidence; demonstration that the conviction was pronounced as a result of falsification of documents or proceedings, or of another fact considered a crime. The request is admissible only when the evidence submitted is sufficient, if verified, to determine an acquittal pursuant to Articles 529, 530, or 531 of the Code of Criminal Procedure; therefore, a mere reduction of the sentence is not sufficient. The review cannot be based on a simple reassessment of evidence already examined in the concluded trial, but requires a new element or a legally qualified prerequisite. The request may be submitted by the convicted person, next of kin, the heir, or the Attorney General at the Court of Appeal. The written form is required, specifically stating the reasons and evidence, and may be declared inadmissible if filed outside the established cases or manifestly unfounded. It does not have an automatic suspensive effect, but the Court may order the suspension of the execution of the sentence by order. If the appeal is upheld, the Court reverses the conviction and pronounces an acquittal, with restitution for the fines, financial measures, and sums paid. Compensation for miscarriages of justice, consisting of financial compensation, is also provided if the interested party did not cause the unjust conviction through malice or gross negligence. Exceptionally, a form of "revision in peius" is also permitted for collaborators with justice who have obtained rewards through false or reticent statements, according to the special provisions of the relevant legislation. The main relevant articles are 629 to 647 of the Code of Criminal Procedure. 00:00 Introduction 00:25 Convictions subject to review 00:59 Rescission of res judicata 02:36 Standing 03:36 Cases for review and limitations 06:54 Form and inadmissibility 09:34 Suspension 10:32 Judgment and sentence 13:43 Compensation for damages 18:16 Review in pejus 20:14 Final greetings P.S.: When I cite an article, without specifying, it refers to the Code of Criminal Procedure. Video dedicated to the chamber proceedings:    • Processo penale - Udienza in camera di con...   Video playlist:    • Procedura penale spiegata in breve - Lex &...   Podcast:    • Procedura penale spiegata in breve - Lex &...   Videos will be released Monday through Saturday. Main source: Dominioni, Corso, Gaito, Spangher, Dean, Garuti, Mazza, Procedura penale, Giappichelli Editore. https://www.sistemapenale.it/it/sched... L. Rapisarda, The new art. Article 628-bis of the Italian Code of Criminal Procedure: The Italian legal system finally has a mechanism for enforcing the decisions of the Strasbourg Court, in Giurisprudenza Penale Web, 2023, 1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Subscribe to the @LexandTalk channel Instagram:   / legge_e_talk   Twitch channel:   / corset1   #disclosure #legaldisclosure #law #criminallaw #criminaltrial #jurisprudence