ADMISSION TO FREE LEGAL AID IN CRIMINAL MATTERS in Italy

ADMISSION TO FREE LEGAL AID IN CRIMINAL MATTERS

Admission to Legal Aid in Criminal Matters
In criminal matters, legal aid is also available to foreign nationals and stateless persons residing in Italy.
Eligibility for legal aid
The following persons are not eligible for legal aid:
– Persons who have been convicted of final convictions for crimes committed in violation of the provisions for the repression of tax evasion on income and value added taxes.
– Persons who are represented by more than one defense counsel.
Income requirements
The income requirements for legal aid are as follows:
– For an individual, the annual income must not exceed €12,838.01.
– For each additional family member, the annual income must be increased by €1,032.91.
Application process
The application for legal aid must be submitted to the court where the proceedings are pending.
– If the applicant is detained, imprisoned, under house arrest, or in a hospital, the application may be submitted to the prison director, police officer, or other appropriate authority.
– If the applicant is unable to provide the required documentation, a sworn statement may be submitted in lieu.
Decision on the application
The court must decide on the application within 10 days of receipt.
– The court will grant the application if the applicant meets the income requirements.
– The court will deny the application if the applicant does not meet the income requirements or if there are other grounds for denying the application.
Appeals
An applicant who is denied legal aid may appeal the decision to the president of the court or the president of the appeals court.
– The appeal is heard by a single judge.
– The decision on the appeal is final.

continua….

Leggi tutto “ADMISSION TO FREE LEGAL AID IN CRIMINAL MATTERS in Italy”

FREE LEGAL AID IN THE ITALIAN LEGAL SYSTEM

Pubblicato il libro

FREE LEGAL AID IN THE ITALIAN LEGAL SYSTEM: How to Defend the Poor and Allow Them to Defend Themselves and to Face Human Rights, to Achieve Justice and Social Cohesion.

Edizione Inglese a cura di Danilo Iacobacci e Fabiola De Stefano

Leggi tutto “FREE LEGAL AID IN THE ITALIAN LEGAL SYSTEM”

What are the CPRs that Minister Piantedosi proposes to strengthen in Italy in September 2023?

by De Stefano & Iacobacci Avvocati

CPRs, or Pre-Removal Centers, are temporary reception facilities for irregular foreigners who must be returned to their country of origin. In Italy, CPRs are managed by the Ministry of the Interior and are present in several regions of the country.

The proposal by Interior Minister Matteo Piantedosi to extend the maximum stay limit in CPRs from 6 to 18 months is a controversial measure that has been met with strong criticism from some non-governmental organizations.

The main objectives of this proposal are:

To strengthen the effectiveness of deportations, by increasing the time available to the authorities to organize the return of irregular foreigners to their country of origin.
To discourage irregular immigration, by making it more difficult for irregular foreigners to remain in Italy long-term.

Supporters of the proposal argue that extending the maximum stay limit in CPRs will help to make the deportation process more efficient and to discourage irregular immigration.

Opponents of the proposal, on the other hand, argue that it is an unjustified form of administrative detention that violates the human rights of migrants.

What is it?

The proposal by Minister Piantedosi is a significant intervention in Italian migration policy. Extending the maximum stay limit in CPRs represents a significant change from the current legislation, which allowed for a maximum of 90 days of detention.

The increase in the detention period is justified, according to the Minister, by the need to strengthen the effectiveness of deportations. In fact, deportations in Italy are often hampered by a number of factors, including:

Lack of cooperation from irregular foreigners, who may attempt to avoid deportation through various means, such as filing an appeal with the court or applying for asylum.
Slowness of bureaucratic procedures, which can take several months or even years to complete.
Lack of cooperation from countries of origin, which may refuse to accept the return of their citizens.

However, extending the maximum stay limit in CPRs has been met with criticism from some non-governmental organizations, which consider it an unjustified form of administrative detention.

In particular, non-governmental organizations argue that detention in CPRs is a coercive measure that violates the human rights of migrants. Migrants, in fact, are deprived of their personal freedom without having been convicted of a crime.

In addition, non-governmental organizations point out that detention in CPRs can have negative consequences for migrants, both from a psychological and social point of view. Detention, in fact, can lead to trauma, isolation, and loss of hope.

Effects

To illustrate the potential effects of Minister Piantedosi’s proposal, it is possible to refer to some concrete examples.

For example, an irregular migrant who is detained in a CPR for 18 months has more time to try to avoid deportation. The migrant can try to obtain a residence permit, appeal the deportation order, or find a way to remain in Italy illegally.

In addition, an irregular migrant who is detained in a CPR for 18 months is more exposed to the risk of abuse or violence. CPRs are often overcrowded and under-resourced, which can create an environment conducive to violent behavior.

Extension

In addition to the aspects already mentioned, it is also possible to consider other aspects related to Minister Piantedosi’s proposal.

For example, it is possible to ask if extending the maximum stay limit in CPRs is actually able to reduce the number of irregular migrants in Italy. In fact, it is possible that the proposal will have the opposite effect, namely that of encouraging irregular immigration.

In addition, it is possible to ask what resources are necessary to ensure the respect for the human rights of migrants in CPRs. In fact, extending the maximum stay limit in CPRs will require an increase in the resources allocated to the management of CPRs, both in terms of personnel and facilities.

Conclusion

Minister Piantedosi’s proposal is a controversial measure that has the potential to have a significant impact on Italian migration policy. The proposal has been met with criticism from some non-governmental organizations, which consider it an unjustified form of administrative detention.

However, it is still too early to say what the concrete effects of the proposal will be. Extending the maximum stay limit in CPRs could have the effect of strengthening the effectiveness of deportations, but it could also have negative consequences for migrants.

The Italian Criminal Procedure System in Four Sentences

by Danilo Iacobacci – founding partner of the law firm De Stefano & Iacobacci Avvocati

The Italian criminal procedure system is a judicial proceeding that takes place before a judge, with the participation of the public prosecutor, the defendant, and (sometimes) the civil party.
The purpose of the criminal procedure is to determine the responsibility of the defendant in relation to a crime and to impose a penalty in case of conviction.
The Italian criminal procedure system is divided into three phases:
- The preliminary investigation phase, which begins with the crime report and ends with the defendant’s indictment.
- The trial phase, which begins with the trial and ends with the first-instance judgment.
- The appeal phase, which begins with the appeal and ends with the Supreme Court judgment.
The person under criminal proceedings has a number of rights, which are guaranteed by the Constitution, the Criminal Procedure Code, and the European Convention on Human Rights.

Here is a more detailed explanation of each phase of the Italian criminal procedure system:

Preliminary Investigation Phase:
- The preliminary investigation phase begins with the crime report, which can be filed by anyone who has knowledge of a crime.
- The police or carabinieri initiate the investigation, which has the purpose of gathering evidence in relation to the crime.
- At the end of the preliminary investigation, the public prosecutor may request the judge to archive the proceedings, to indict the defendant, or to apply a precautionary measure.
Trial Phase:
- The trial phase begins with the trial, which takes place before a single judge or a panel of judges, or before the Justice of the Peace.
- In the trial, the parties present their evidence and their arguments.
- At the end of the trial, the judge pronounces the judgment, which may be acquittal or conviction.
Appeal Phase:
- The first-instance judgment may be appealed to the Court of Appeal or to the Supreme Court.
- The appeal is filed with the Court of Appeal.
- The appeal is filed with the Supreme Court.
- The appeal and the Supreme Court have the purpose of verifying the correctness of the first-instance judgment.

It is important to know the phases of the criminal procedure, the rights of the person under criminal proceedings, and the methods of appealing criminal judgments.

contact us if you need legal advice

Keywords:

Crime: a behavior that violates the penal laws of a State.
Accusation: the allegation of having committed a crime.
Investigation: the activities carried out by the authorities to gather evidence in relation to a crime.
Trial: the phase of the criminal procedure in which the parties present their evidence and their arguments.
Judgment: the decision of the judge in a criminal proceeding.
Appeal: the appeal filed against a criminal judgment.

law firm in Italy | English language

De Stefano & Iacobacci Avvocati is a law firm located in the heart of Avellino, Italy, in the Campania region. Founded by lawyers Danilo Iacobacci and Fabiola De Stefano, the firm has been providing specialized legal assistance in various areas of Italian law for many years.

The law firm is geographically strategic, as it is close to Naples, Salerno, and Rome. The proximity to Salerno and Naples allows the firm to handle cases in the Civil and Criminal Appellate Courts in those cities, as well as in the Administrative Courts of Appeal in Salerno and Naples. The proximity to Rome allows the firm to easily handle cases before the Court of Cassation and the Council of State.

De Stefano & Iacobacci Avvocati, with its team of lawyers, handles criminal law, civil law, administrative law, labor law, and tax law. Among the firm’s specializations are family law matters, including minors, separations, and divorces. The law firm is one of the most well-known Italian law firms in criminal law and is very well-known as a civil law firm. The firm also handles administrative law, tax law, and labor law with particular attention to military law, agrarian law, and procedures in general aimed at protecting violated rights.

Legal assistance is provided not only before the Court of Avellino, but also before all Italian jurisdictions, including the Court of Cassation and the Superior Courts.

De Stefano & Iacobacci Avvocati is also one of the most well-known law firms in Italy for its extensive experience in drafting appeals to the European Court of Human Rights. The firm is also one of the most well-known law firms in Italy for its experience in matters of gender change and name change. Among the specialties in which the law firm De Stefano & Iacobacci excels is its ability to obtain compensation for damages to the families of victims killed in a road accident. Among the founding partners of the law firm is Danilo Iacobacci, who is one of the most well-known Italian lawyers for filing appeals to the European Court of Human Rights.

De Stefano & Iacobacci Avvocati is the most well-known Italian law firm used by foreign law firms and foreign lawyers to interact with Italian judicial authorities, and is one of the most well-known law firms in connecting foreign residents with processes to be carried out in Italy and Italian legal issues in Italy and abroad.

To communicate with De Stefano & Iacobacci in Italian, you can use all the contacts; to communicate in a foreign language, you can only do so in writing.