Order of the Court of Asti, Criminal Section, 10 November 2015

Through this order, the Court of Asti referred to the Constitutional Court a question concerning the legitimacy of the norms on notification, which allow to notify the starting of a criminal proceeding at the defense lawyer – and not, personally, the accused – also in case that latter has appointed a public defender (Articles 161 e 163 of code of criminal procedure as modified by law No. 67/2014). The Court observed that there is not a genuine link, in many cases, among the accused and a public defender, also because the starting of the proceeding often intervenes after a long period of time after the appointment of the defender. These norms seemed to the Court to be inconsistent with the fair trial principle under Article 14 of the International Covenant on Civil and Political Rights, as well Article 6 of the ECHR. With regard to Article 6 of the ECHR, the European Court of Human Rights has interpreted its provisions in such a manner as to underline that the accused has a subjective right to be informed of the date and the place  of the initial hearing (and a corresponding legal obligation is incumbent, by consequence, upon the State authorities). Moreover, the fact of not notifying the accused personally may raise problems with regard to the legitimacy of prosecution in absentia.