Portale di Ateneo - En.Unibs.it

The course will focus on the role of the protagonists of the criminal trial: judge, parties and individuals, in fact, contribute with their own powers, to establish both the structure and function of the criminal trial.
A substantial part of the constitutional principles relating to the jurisdiction can be interpreted as reading key of the role of the protagonists of the criminal trial. Thus, the role of the judge is assisted by the principle of impartiality, the position of the accused is guaranteed by the presumption of innocence, victims' rights are protected by the trial.
The criminal trial, even under the impetus of the European legislation and the European Court of Justice in Luxembourg, opens up new horizons: the leading edge in this process is the role attributed to the victims of the crime. Subjects for long time marginalized, now demanding recognition for their claims and, at the same time, protection against the risk of secondary victimization. The defendant finds its natural antagonist; the process goes in search of a new balance.