Justice must go on: la Consulta apre alla celebrazione in assenza del "processo Regeni"

Abstract

With the herein reported additive ruling, the Constitutional Court has prevented Giulio Regeni murder trial from being defined by the judgement of non-prosecution pursuant to Article 420-quater of the Code of Criminal Procedure. In upholding the question of constitutionality of Article 420-bis, paragraph 3 of the Code of Criminal Procedure, the Court has thoroughly set out the conditions of the new regime of the in absentia trial: firstly, the facts that are the subject of the charges must fall within the concept of torture, as defined by Article 1 CAT; secondly, it is necessary that the acquisition of evidence of lack of knowledge of the pending trial – even where there is the awareness of the proceedings – is due to the ascertained refusal of judicial assistance by the defendant’s foreign State of nationality; moreover the right to a new trial in presence must be guaranteed.