Reflexiones sobre el Estatuto de la víctima en el proceso penal italiano
The role of the victim in the Italian trial system appears historically marginal and generally linked to the compensation for damage that such a subject may claim by exercising a civil action in criminal proceedings. The article illustrates the change in mentality that is occurring in Italy, both fr...
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| Main Author: | |
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| Format: | Article |
| Language: | Spanish |
| Published: |
Universidad Viña del Mar
2012
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| Subjects: | |
| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=4334626 |
| Source: | Revista de Derechos Fundamentales, ISSN 0719-1669, Nº. 8, 2012, pags. 99-117 |
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| Summary: |
The role of the victim in the Italian trial system appears historically marginal and generally
linked to the compensation for damage that such a subject may claim by exercising a civil action
in criminal proceedings. The article illustrates the change in mentality that is occurring in Italy,
both from the point of view of recognition of new powers for the victim and from the point of
view of the visual angle of his/her protection from the effects of secondary victimisation typical
of the penal system. In this area, the author attaches particular signifi cance to the forces coming
from the comparison with other systems, to the effects of the jurisprudence of the European
Court of Human Rights and the obligations deriving from the regulatory deeds of the European
Union. In the fi nal part of the work, the risk that this new attention for the victim may cause
negative repercussions for protecting the fundamental guarantees of the defendant is discussed. |
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