The Italian Path to Reform: Italy’s Adversarial Model of Criminal Procedure 

by Renzo Orlandi

This paper illustrates the tortuous path that many years ago (October 1989) led to the entry into force of a new Code of Criminal Procedure in Italy. The idea that this reform was inspired by adversary experiences gained in the Anglo-American legal systems is widespread. The opinion finds only partial confirmation in the events that have conditioned the preparation of the ‘first code of republican Italy’. Considerable weight on the contents of the procedural reform – have actually been the decisions of the Italian Constitutional Court, the heated doctrinal debates already started since the 1960s of the last century and the culture of comparison, not only with the Anglo-American legal systems. The author explains shortly the difficulties encountered in drafting the procedural reform and in its implementation over the course of thirty years.

DOI 10.23815/2421-2156.ITALJ           ISSN 2421-2156

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