35 years after the creation of the Italian patteggiamento. Dogmatic analysis of its current configuration and critical judgment

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Abstract

This paper analyzes one of the first negotiated criminal justice mechanisms that emerged in the field of Civil Law: the Italian patteggiamento. A dogmatic study of said figure is carried out, examining its scope of application, its requirements, its content, its processing and its effects. A critical judgment of such an institution is also carried out, highlighting, among other aspects, certain risks that it represents for the accused, for the victim and for society. The work concludes, highlighting some particularities of the patteggiamento that make a difference with the Chilean system of negotiated criminal justice.

Translated title of the contributionA 35 AÑOS DE LA CREACIÓN DEL PATTEGGIAMENTO ITALIANO. ANÁLISIS DOGMÁTICO DE SU CONFIGURACIÓN ACTUAL Y JUICIO CRÍTICO
Original languageEnglish
Pages (from-to)187-206
Number of pages20
JournalIus et Praxis
Volume29
Issue number1
DOIs
StatePublished - 2023

Keywords

  • Italian criminal process
  • Negotiated criminal justice
  • plea bargaining

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