Order of the Court of Cassation, United Sections, No. 41694 of 25 October 2012

The European Court of Human Rights with judgment of 10 April 2012 (case Lorenzetti v. Italy) ruled that a proceeding concerning compensation for “unfair” detention must be carried out in a public hearing instead of in chambers because public hearing is a component of the fair trial under Article 6 (1) of the European Convention of Human Rights. Following the judgment, the Court of Cassation has declared relevant and not manifestly unfounded the question of constitutional legitimacy of Articles 315 (1) and 646 (1) of the code of criminal procedure, with reference to Articles 117(1) and 111 of the Constitution, because they do not allow to have a public hearing in the Court of Appeal at the request of  the applicant.