The same access channel for the ordinary rite, the minor arrives at the trial hearing for:
- Presentation of the accused in direct judgment by the PM
- Admission to immediate judgment on part of the GIP, at the request of the PM or the accused
- Decree ordering the judgment issued by the Judge for the preliminary investigation
Article. 33 DPR 448 / 88, together with the rules dictated for the preliminary hearing, governs the hearing pursuant to art. 31 and 31 DPR 448 / 88 and the articles 465-548 of the criminal procedure code.
Peculiarity of the hearing before the Juvenile Court relates to the phase of introductory acts: the decree setting the hearing must in fact be notified, under penalty of nullity, not only to the accused, but also to the operators with parental responsibility.
When the minor lacks his parents or guardian, they are not available or the child is in conflict of interest with them, a special trustee must be appointed, who, in the interests of the minor, replaces the parent figure.
Remember, in the juvenile trial the possibility of constituting a civil party is precluded (art. 10 DPR 448 / 88) and, moreover, the sentence rendered does not make state in the civil trial for the restitution and the compensation for damages.
Also in this phase the primary figure remains the minor.
In fact, both the attentions of the judging body and those of the servants and the investigating body must be addressed to it.
They are in fact mandatory, based on art. 9, the assessments on the personality of the accused, to be carried out by the PM and the Judge, who must acquire all the elements about the personal conditions of the child, family and environmental, in order to ascertain the imputability of the subject and the its relative degree of responsibility.
Ex art. 13 DPR 448 / 88 is forbidden to disclose information concerning the minor (including in the press); it follows as a corollary that the juvenile trial must always take place behind closed doors, given however for the minor, who had turned sixteen, the possibility of asking the judge for the publicity of the trial.
We therefore try to protect the child from the publicizing of his conduct, or from the danger of a connected woman "more labeling”Social of the same.
The examination of the accused, even if he has come of age, must be conducted by the President, upon request or dispute by the PM, the defender or the judge on the side.
The prohibition of cross examination (cross-examination) therefore it operates independently of the age reached by the offender.
Even the examination of the minor witness is conducted by the President, who can be assisted by an operator or a psychologist.
This predisposition takes into account the psychological impact that the minor has on entering a courtroom.
This audition can also take place behind closed doors or with the preparation of appropriate image jammers (es dividing panels).
The trial, as is evident, represents the moment of greatest conflict, between those that are purely judicial needs, or the ascertainment of the procedural truth, and the protection of the minor, which subject in fieri.
It is also important to underline that the minor, like the adult defendant, can avail himself of the faculty not to answer during the exam.
The trial panel consists of two judges and two ordinary judges, experts (pedagogists, psychologists, sociologists), as a rule a woman and a man.
The hearing is subject to registration.
Ex art. 30 DPR 448 / 88 it is also possible to apply alternative sanctions, in the event of a sentence of imprisonment that does not exceed two years.
The trial sentence can define the process with:
- Absolution following the outcome of the trial (articles 530 - 530 co 2, 529 - 531 cpp)
- Judgment of no place to proceed for imputability of the subject under fourteen
- Judgment of no place to proceed for immaturity of the minor subject (art. 98 cp)
- Judgment of no place to proceed due to irrelevance of the fact (art. 27 DPR 448 / 88)
- Judgment of no place to proceed for extinction of the crime following the positive outcome of the trial (art. 28 DPR 448 / 88)
- Judgment of no place to proceed for extinction of the offense for granting judicial pardon (art. 169 cp)
- Sentence of sentence to substitute penalties (financial penalty / controlled freedom / half retention) (articles 30 and 32 DPR 448 / 88)
- Judgment of non-place to proceed for particular tenuousness of the fact (art. 34 Legislative Decree 271 / 20009
- Judgment of no place to proceed for reparative activities (art. 35 Legislative Decree 271 / 2000)
- Sentence of sentencing to a pecuniary penalty in the manner established by art. 52 Legislative Decree 271 / 2000)
- Sentence of sentencing to stay at home (art. 53 Legislative Decree 271 / 2000)
- Sentence of condemnation to the execution of public utility work (art. 54 Legislative Decree 271 / 2000)
The Cecatiello Law Firm advises its clients for the best management of juvenile criminal proceedings.
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