Sau, Silvio (2014) Patteggiamento del coimputato e incompatibilità del giudice: orientamenti di legittimità: riflessioni a margine della recente sentenza 26 giugno 2014 n. 19 delle Sezioni Unite della Cassazione. Diritto @ storia. Nuova serie (12). ISSN 1825-0300. Article.
This work is inspired by the recent judgment of the Joint Sections of the Supreme Court intervened on an issue of not easy solution which gave rise to a long-standing juridical dispute in the case of legitimacy: if the hypothesis of incompatibility, ex art. 34 paragraph 2 of the Criminal Procedure Code, introduced by the verdict of the cassation court n. 371 of 1996, there is also for the judge in separate legal action , has a plea bargain against a competitor necessary at the same offense.
The judges of supreme court gave an response affermativ to the problem but, nevertheless, in the present case they have excluded it was the aforementioned case of incompatibility. The structure motivational enriches the specific technical solution with the placement of a series of some exact Wegemarken that make the judgment in speech inescapable under at least two other profiles, in addition to the contingent, on the events that began in September 2013 on the initiative of the appeal court of Rome: on the one hand, the systematic point which is described in articles; and on the other side of the historical profile, so to speak, as to the decision in question arises now as a joint needed between what was and what will be on some key questions about the incompatibility of the judge in criminal trial (art. 34 cpp), quite distinct from the other two cases, abstention and recuse, included in the same Chapter VII of Book I Articles. 36, 37 c.p.p .
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