Talk:Italian Code of Criminal Procedure

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Examining magistrate

In the Kercher investigation, the 'investigating judge' [Claudia Matteini] was a different person to the Pubblico Ministero [Guiliano Mignini] (who was the prosecutor in the trial). Was that just because he took over from a colleague at the same level, or was the case escalated to him because he is the chief PM for Perugia?

Signora Matteini assessed the prelimary evidence and decided that there was a case to answer and that the accused should be 'arrested provisionally' (what we call in UK/IE 'remanded in custody'). Is the preliminary arraignment described in this article? (I don't see it).

Would it be valid to describe either as an examining magistrate? --Red King (talk) 22:52, 10 December 2009 (UTC)[reply]

Well, Claudia Matteini is a GIP (a Giudice per le Indagini Preliminari, Judge for the Preliminary Investigations), she is a Judge and she does not investigate on any suspects. She intervenes, during the investigations, to authorise the prosecutor, the one who actually investigates, to do some things, such as to wiretap the suspect or to remand him in custody. There are investigations where the GIP never intervenes.

As far as arraignment is concerned, Italian system is extremely complex, because there is no moment when the defendant is required to enter a plea. And because, even if he pleaded guilty, he would still be presumed innocent (actually, a defendant is presumed innocent until the Court of Cassation has upheld his conviction). So, it is correct to describe Giuliano Mignini as an examining magistrate

And the moment when he is informed of the charges against him may vary, according to what the prosecutor does, during the investigations.

The charges are formalised, though, only by the GUP (Giudice per l'Udienza Preliminare, Judge for the Preliminary Hearing), after the preliminary hearing, in his decreto di rinvio al giudizio. Salvio giuliano (talk) 13:06, 11 December 2009 (UTC)[reply]

Duplicate article?

It appears that another article, Italian Criminal Law System, has recently been created arising from Talk:Murder of Meredith Kercher#Judy Bachrach and the Larry King Live show. The other article is mostly a copy of the material on the talk page, while this one appears to be a developed version of that material. Is there any material worth including from the second article which would make a merger worthwhile, or should it just be redirected here? Cassandra 73 (talk) 13:43, 12 December 2009 (UTC)[reply]

It should just be redirected here. It is a copy of draft text at talk:MoMK by the editor who went on to create this article. I'll change it to a redirect. --Red King (talk) 21:14, 12 December 2009 (UTC)[reply]