The loss of freedom ordered by the judicial authority before ascertaining criminal liability in a trial constitutes the most important test bench for legal practitioners and the one that has the greatest social repercussions. In this seminar the main issues of personal precautionary measures and criticalities identified both in the doctrinal field and in the concrete implementation of the rules in courtrooms will be examined. A particular study will be dedicated to the dialectic between the trial parties and the particular attitude of the cross-examination in this delicate phase of the criminal proceedings. Focus will be set on access to documents before and after the precautionary measure, the incidence of deprivation of personal freedom on the possibility of carrying out investigations, the investigation strategy of the public prosecutor and the imbalance between the parties with specific regard to the role of the prisoner awaiting trial. Particular attention will then be devoted to the choice of precautionary measures, the control over the order made by the court during the appeal and the burden of the grounds leading to the request of precautionary measures.
Registration deadline: 24/05/2021