Defendants' rights in Italian criminal proceedings: who has
the right to defence?
The defendant's rights to defence in Italy are
inviolable. They are guaranteed by the
Italian Constitution.
Everybody has right to defence, but, in order to be able to
exercise this right, it is of fundamental importance to know the
defendant's rights and obligations as provided by law.
The regulatory and procedural framework of the Italian system is
quite complicated, this is why it is necessary to understand
clearly what are the procedural steps, which rights are guaranteed
by law, and under which rules they can be exercised.
Indeed, it must be specified first of all that in Italy,
criminal proceedings can be initiated by the police or by a
Public Prosecutor, whenever a potential crime comes to
their attention.
