Info on Italian legal process

Background: understanding differences between american and italian proceedings

1. During the trial, defendants are allowed (and expected to) make statements at various times, not just during cross 5. Italian law doesn’t have a version of the english “accomplice”. Article 110 for “Criminal participation” states that those who participate in a crime are subject to the same penalties. “Participation” has no concrete definition. 9. A point under much contention, the jury was not sequestered. (but neither was the american jury for Scott Peterson). 13. The fast track trial Guede opted for provided benefits on his sentence that Knox & Sollecito aren’t eligible for
2. There were separate attorneys for Sollecito and for Knox, who occasionally contradicted each other. The victim’s family had an attorney as well. 6. The Corte d’Assise is composed by 2 judges and 6 laymen chosen at random among Italian citizens 30 to 65 years old; this is the composition of the jury for Knox & Sollecito. 10. Appeals processes are automati 14. “unrepeatable” tests (like the LCN DNA test) are acceptable for evidence provided the defence is present for the test. Notification of the test is adequate for the standard of “presence”; actually appearing for the test is not required.
3. Knox and Sollecito were defendants in the same trial for murder. 7. Decisions are by majority (i.e. no hung jury);however the ruling against Knox/Sollecito was unanimous. 11. Plea barganing doesn’t exist like it does in America
4. An additional charge applied to knox that didn’t apply to Sollecito (the defamation against the bar owner. ); she got an extra year over Sollecito for this. 8. Defendants are not under oath. (see also here) 12. Prosecutor is required by law to seek indictment if there is sufficient evidence to build a case

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s