Ancora eterni giudicabili: per le patologie fisiche gravi e irreversibili fine processo mai

Chelo, Andrea

2022-01-01

---

Abstract

The ruling of the Court of Cassation provides an opportunity to deepen the theme of the particular condition of the defendant who, suffering from an irreversible physical illness, is unable to attend the trial. The discipline provided by Article 70 et seq. of the Criminal Procedure Code, as reviewed by the Orlando Reform, contains rules applicable only to the irreversible inability caused by mental illness or by altered mental conditions that are consequence of physical illness, but not to inability caused by physical illness. The author investigates about the protection that an evolved criminal procedural system, inspired by recognizing guarantees, should offer to a defendant that is unable to participate in the criminal trial because of an irreversible physical illness.