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

Rocco Neri

  • 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.


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