Bail or Not Bail: The Problem of the Defendant and of his Rights

• ROCCO NERI ^[1]
  1. [1] Master’s Degree in Law (University of Teramo)
• Localización: Ordine Internazionale e Diritti Umani, ISSN-e 2284-3531, Nº. 3, 2021, págs. 755-771
• Idioma: inglés
• Enlaces
  • Texto completo (pdf)
• Resumen

  • The essay aims to provide an answer to the heated debate on the legitimacy in the application of pre-trial measures in the Italian legal system in comparative terms through an analysis of the general principles that support them . What are critical points of the current regulatory system in the field of supervision and the impact on the mechanism of judicial appeal? This question mustn’t exclude a legislative intervention on the institution of the bail in accordance with the right of defence and prosecution of the public interest. The principles of due process and a comparison with the American legal system could find a balance of the rights involved.