Reasonable length of pre-trial detention: rigid or flexible time limits? A study on Italy from a European perspective

Mitja Gialuz, Paola Spagnolo
2013 European Criminal Law Review  
The conventional system -II.1. A flexible model: the conventional system -II.2. A reasonable length of custody -II.3. A form of rigidity in a flexible model -III. The Italian system -III.1. Pre-trail detention in Italy -III.2. The Constitutional model of rigid time limits -III.3. Time limits in the Italian Code of Criminal Procedure -III.4. A form of flexibility in a rigid model -IV. Conclusions * This paper is the result of the joint considerations by the two authors on the subject matter.
more » ... graphs I-II.3 were drafted by Mitja Gialuz (Assistant Professor of Criminal Procedure, University of Trieste), whereas paragraphs III.1-III.4 by Paola Spagnolo (Assistant Professor of Criminal Procedure, University LUMSA-Roma). Paragraph IV was written by both Authors. 1 See the Report from the Commission to the European Parliament and the Council on the implementation since 2007 of the Council Framework Decision of 13 June, 2002, on the European arrest warrant and the surrender procedures between Member States, COM (2011) 175 final, p. 6. 2 See the Green Paper. Strengthening mutual trust in the European judicial area -A Green Paper on the application of EU criminal justice legislation in the field of detention, COM (2011) 327 final, p. 5.
doi:10.5235/219174413808445856 fatcat:vdt7fntltbbfbh5lcqnzg334fq