Procedural Remedy to Delay in Criminal Proceedings in the Lower Courts - A Comparative Reflection - Discussion Paper (From Problems of Delay in Criminal Proceedings - Proceedings of a Seminar, P 107-111, 1980 - See NCJ-70352)

• NCJ Number: 70355
• Author(s): G L Certoma
• Date Published: 1980
• Length: 5 pages
• Publication Format: Document
• Language: English
• Country: Australia

Annotation

The special procedure of 'guidizio per decreto,' or judgment by decree, invoked by the judge in criminal cases in Italy is examined as an economical, simple, and speedy procedure for expediting criminal cases.

Abstract

The three phases of the ordinary criminal proceedings in the Italian courts--pre-instruction phase, the instruction phase, and the trial phase--are described. The concentration of all the functions of the criminal process in the judge is noted. The judgment by decree, a special procedure often used at the discretion of the judge in cases where there is strong evidence identifying the accused as responsible for a criminal act, is identified as the most widespread of special procedures prescribed by the Italian Criminal Code. In substance, the judgment by decree empowers the judge to declare a criminal conviction by decree, without proceeding to a trial. Although there is an instruction phase, it is often abbreviated and generally consists of an examination of the offending conduct and the evidence that directly implicates the accused as the responsible party. The prerequisites for a judgment by decree are (1) the crime must be one within the judge's jurisdiction, (2) it must be a crime which can be prosecuted ex officio, and (3) the penalty imposed can only be pecuniary. The judicial procedures available to the accused, if he desires to oppose the decree, are described. However, if the accused fails to prove his case, the judge may impose a heavier penalty. This possible consequence discourages opposition, thereby ensuring a maximum economy in the procedure of judgment by decree. A concluding discussion of whether the judgment by decree procedure is compatible with the right of defense and equality before the law notes that the procedure merely delays the right of defense. In addition, the procedure, simple and quick as it is, also is advantageous for the accused who, by accepting the decree, avoids enduring a trial with all the damaging consequences that can result from it.