You are here:

Constitution of the Italian Republic

Country:
Italy

Art. 24. Anyone may bring cases before a court of law in order to protect their rights under civil and administrative law. Defense is an inviolable right at every stage and instance of legal proceedings. The poor are entitled by law to proper means for action or defense in all courts. The law shall define the conditions and forms of reparation in case of judicial errors. Art. 25. No case may be removed from the court seized with it as established by law. No punishment may be inflicted except by virtue of a law in force at the time tehe offence was committed. No restriction may be placed on a person's liberty save for as provided by law. Art. 101. Justice is administered in the name of the people. Judges are subject only to the law. Art. 104. The Judiciary is a branch that is autonomous and independent of all other powers. (...) Art. 111. Jurisdiction is implemented through due process regulated by law. All court trials are conducted with adversary proceedings and the parties. are entitled to equal conditions before an impartial judge in third party position. The law provides for the reasonable duration of trials. In criminal law trials, the law provides that the alleged offender shall be
promptly informed confidentially of the nature and reasons for the charges that are brought and shall have adequate time and conditions to prepare a
defence. The defendant shall have the right to cross-examine or to have cross-examined before a judge the persons making accusations and to
summon and examine persons for the defence in the same conditions as the prosecution, as well as the right to produce all other evidence in favour of
the defence. The defendant is entitled to the assistance of an interpreter in the case that he or she does not speak or understand the language in which
the court proceedings are conducted. In criminal law proceedings, the formation of evidence is based on the principle of adversary hearings. The guilt of the defendant cannot be established on the basis of statements by persons who, out of their own free choice, have always voluntarily avoided undergoing cross-examination by
the defendant or the defence counsel. The law regulates the cases in which the formation of evidence does not occur in an adversary proceeding with the consent of the defendant or owing to reasons of ascertained objective impossibility or proven illicit conduct. All judicial decisions shall include a statement of reasons. Appeals to the Court of Cassation in cases of violations of the law are always allowed against sentences and against measures affecting personal freedom pronounced by ordinary and special courts. This rule can only be waived in cases of sentences by military tribunals in time of war. Appeals to the Court of Cassation against decisions of the Council of State
and the Court of Accounts are permitted only for reasons of jurisdiction. Art. 112. The public prosecutor has the obligation to institute criminal proceedings. Art. 113. The judicial safeguarding of rights and legitimate interests before the bodies of ordinary or administrative justice is always permitted against acts of the public administration. Such judicial protection may not be excluded or limited to particular kinds of appeal or for particular categories of acts. The law determines which judicial bodies are empowered to annul acts of public administration in the cases and with the consequences provided for by the law itself.