Of hearsay and beyond
Is the Italian criminal justice system an adversarial system
Bibliographic Data
| ID | 12593136 |
|---|---|
| Authors | Michele Panzavolta (0000-0001-5035-7882, Institut National de Criminalistique et de Criminologie, corresponding author) |
| Year | 2016 |
| Volume | 20 |
| Issue | 5 |
| Pages | 617-633 |
| Publication date | 2016-04-27 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | The International Journal of Human Rights (JOURNAL) |
| Journal identifiers | ISSN: 1364-2987 • E-ISSN: 1744-053X |
| Publisher | Routledge (PUBLISHER • GB) |
| DOI | 10.1080/13642987.2016.1162409 |
| OpenAlex | W2344273861 |
| Language | EN |
| References cited | 5 |
An Italian criminal case (the murder of Meredith Kercher) has once more attracted attention over the shape of the Italian criminal justice system. Is the Italian system a mixed system or an accusatorial one? In the past decades Italy has often been taken as a case study in comparative criminal law for its transplant of the common law adversariality into the classic French continental structure. The author discusses the features of the Italian system and what features make a system accusatorial or adversarial. He argues that the hearsay law remains the crucial point to understand the adversariality of a system and that the Italian rules are not too distant from the English rules on hearsay
Adversarial system · Criminal case · Criminal justice · Criminal law · Criminal procedure · Criminology · Economic Justice · Hearsay · Political science · Sociology · European and International Law Studies · European Criminal Justice and Data Protection · Judicial and Constitutional Studies · Law
| Citation velocity | historical |
|---|---|
| Highly cited | No |