the duty to investigate each close the case directly before the though legal aid is provided only notitia criminis of which they Supreme Court of Cassation. Upon in some circumstances (such as receive notice or become aware receiving notice of the prosecutor’s mafia offences and sexual autonomously. This investigation request to close the case, the victim is offences). Otherwise, victims must be completed within six given a fundamental opportunity to receive free legal aid and months, though this period can challenge this determination by assistance only if their income is be extended by an application to appealing against such a request to particularly low. the investigating judge (Giudice the GIP. The victim’s application per le Indagini Preliminari or GIP) must contain an indication of the For the hearing on confirmation to 18 months. However, there is object on which further investigation of charges, the victim only has the no way for the victim to enforce is deemed necessary and of the right to be informed of the date this. evidence that support her allegations. of the hearing, to access the If the GIP considers this application and make copies of the If she has previously so inadmissible, she can uphold the PM’s relevant documents. demanded, the victim must also request and close the case. Otherwise, receive notice of the the GIP convenes a hearing in which prosecutor’s request for an she can instruct the PM to carry out extension of the time limit for further investigation or bring charges the investigation. Upon receiving against the accused. this communication, the victim Once the term for the investigation has five days to submit pleadings has expired, if the PM neither to the investigative judge as to requests to close the case, nor brings the denial of such an extension. charges against the accused, the victim may require the direct engagement in the investigation of a Higher Prosecution office, which is the prosecution office that is normally responsible for appellate proceedings. Where the prosecutor, at the end of the investigation, decides to bring a case against the accused, she must notify the accused, and then
the duty to investigate each notitia criminis of which they receive notice or become aware autonomously. This investigation must be completed within six months, though this period can be extended by an application to the investigating judge (Giudice per le Indagini Preliminari or GIP) to 18 months. However, there is no way for the victim to enforce this. If she has previously so demanded, the victim must also receive notice of the prosecutor’s request for an extension of the time limit for the investigation. Upon receiving this communication, the victim has five days to submit pleadings to the investigative judge as to the denial of such an extension. close the case directly before the Supreme Court of Cassation. Upon receiving notice of the prosecutor’s request to close the case, the victim is given a fundamental opportunity to challenge this determination by appealing against such a request to the GIP. The victim’s application must contain an indication of the object on which further investigation is deemed necessary and of the evidence that support her allegations. If the GIP considers this application inadmissible, she can uphold the PM’s request and close the case. Otherwise, the GIP convenes a hearing in which she can instruct the PM to carry out further investigation or bring charges against the accused. Once the term for the investigation has expired, if the PM neither requests to close the case, nor brings charges against the accused, the victim may require the direct engagement in the investigation of a Higher Prosecution office, which is the prosecution office that is normally responsible for appellate proceedings. Where the prosecutor, at the end of the investigation, decides to bring a case against the accused, she must notify the accused, and then though legal aid is provided only in some circumstances (such as mafia offences and sexual offences). Otherwise, victims receive free legal aid and assistance only if their income is particularly low. For the hearing on confirmation of charges, the victim only has the right to be informed of the date of the hearing, to access the and make copies of the relevant documents.
Final-REDRESS-Report-v3-15.4.2015.docx