This paper attempts, first of all, to demonstrate the absence of a normative basis for the principle of selfsufficiency and its exclusively jurisprudential origin. It, then addresses the inconveniences produced by the uneven application declinations of the concept of self-sufficiency with respect to the objective and subjective guarantees that should inform the criminal process. Highlighting the sacrifice of the right of access to the judge, as also defined by recent European jurisprudence, and the formal legality of the criminal process, it notes the illegitimate deflective use of self-sufficiency and its true nature as mere formalism that overwhelms procedural forms. Il finally addresses the probable effects that the novelties of the socalled Cartabia reform, and especially the (future) digitization of criminal trial documents, might have on the principle analyzed.
Buzura, A. (2023). Il ricorso per cassazione fra autosufficienza e legalità processuale. ARCHIVIO PENALE(1 – Gennaio-Aprile 2023 (Web)).
Il ricorso per cassazione fra autosufficienza e legalità processuale
Amalia Mariana Buzura
2023
Abstract
This paper attempts, first of all, to demonstrate the absence of a normative basis for the principle of selfsufficiency and its exclusively jurisprudential origin. It, then addresses the inconveniences produced by the uneven application declinations of the concept of self-sufficiency with respect to the objective and subjective guarantees that should inform the criminal process. Highlighting the sacrifice of the right of access to the judge, as also defined by recent European jurisprudence, and the formal legality of the criminal process, it notes the illegitimate deflective use of self-sufficiency and its true nature as mere formalism that overwhelms procedural forms. Il finally addresses the probable effects that the novelties of the socalled Cartabia reform, and especially the (future) digitization of criminal trial documents, might have on the principle analyzed.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.