Order of the Court of Naples of 12 May 2017

Through this order, the Judge for preliminary hearings of the Court of Naples referred to the Constitutional Court an issue concerning the legitimacy of certain provisions of Article 34.2 of the code of criminal procedure. These provisions were censured insofar they do not prevent a judge having identified, during the preliminary hearing, a different fact from the one disputed and successfully invited the public prosecutor to change the criminal charge, from being the judge of preliminary hearing in the consequent proceeding. This norm seemed to the referring Judge inconsistent with Article 117.1 of the Constitution, in relation to Article 6.1 of the ECHR, namely, the right of everyone to a fair and public hearing by an independent and impartial tribunal established by law, and as interpreted in the ECHR Court jurisprudence.