Criminal Procedure Memento

The new 2024 edition of the Memento Procedura Penale examines the criminal process in light of all the legislative news intervened after the Cartabia reform , in particular the changes made by the corrective and supplementary decree to the Cartabia reform (Legislative Decree 31/2024), in force from 4 April 2024. The volume is also integrated with the many implementing decrees of the reform, all the legislative changes that occurred in 2023 and 2024 and with the most relevant jurisprudential decisions.

The discussion opens with the examination of the general rules of the process (jurisdiction, competence, subjects, acts, notifications, communication and electronic file), then follow the telematic process (updated with the new ministerial decrees), the evidence and the precautionary measures.

The entire criminal procedure is therefore addressed: from the preliminary investigations, again revised and modified by the corrective decree, to the preliminary hearing, to the first-degree trial, with the innovations that have also affected the absent trial, to the rules before the justice of the peace and the single-judge court, without forgetting the examination of the juvenile trial, also updated with the latest legislative innovations.

A broad analysis is reserved for special proceedings (plea bargaining, abbreviated, immediate and direct trial and proceedings by decree).

The rules governing appeals (appeal, appeal in cassation, remedies for the enforcement of decisions of the ECHR, review and rescission) have also been subject to significant changes by the corrective decree.

Finally, we move on to the phase of execution of the sentence and to the theme of restorative justice , also updated by ministerial decrees and modified by the corrective decree, ending with the examination of the relationships with foreign jurisdictions (extradition, European arrest warrant, investigation order and international rogatory letters).

The volume ends with an appendix containing:

• comparison tables between the old text of the cpp and its implementing provisions and the new text amended by the corrective decree, with reference to the point in the volume in which the corrective decree is examined;
• two indexes: one for each article (the articles of the code are listed, referring to the paragraphs in which the subject is treated) and a large analytical and reasoned index, with specific references to the text.

The main novelties of the 2024 edition

The 2024 edition is updated with the corrective and supplementary decree to the Cartabia Reform, Legislative Decree 31/2024 , as well as with the numerous ministerial decrees implementing the Cartabia reform that followed one another during 2023 (among the most recent of which we recall Ministerial Decree 217/2023 relating to the telematic process and the obligation of telematic filing and Ministerial Decree 15 December 2023 on the subject of restorative justice).

The volume is also integrated with the regulatory interventions that occurred in 2023 and 2024 on the subject of:

• wiretapping (DL 105/2023 converted with amendments into L. 137/2023);
• combating violence against women and domestic violence (L. 168/2023);
• juvenile proceedings (DL 69/2023 converted with amendments into L. 103/2023, DL 123/2023 so-called Caivano decree converted with amendments into L. 159/2023);
• arrest in flagrante (L. 60/2023 and L. 138/2023);
• adaptation of national legislation to European provisions on mutual recognition of freezing and confiscation orders with consequent changes in the notice of setting of preliminary hearing and decree of summons to trial before the single-judge court (Legislative Decree 203/2023);
• restorative justice - transitional provision (DL 19/2024);
• external penal enforcement: new guidelines (Circular no. 7 of 5 October 2023, Ministry of Justice);
• European delegation law (L. 15/2024);
• EPPO (Legislative Decree 54/2023) and new determination of the European Prosecutors (Ministerial Decree 12 April 2023).