Un processo giudiziale straordinario contro i limiti del processo amministrativo
The canonial procedural law, in the penal field, offers the possibility of a double procedure: the judicial and the administrative or extrajudicial one to wich one can resort to when, ex can. 1342, there are various impartial causes that prevent the judicial process from being carried out. If the ju...
| Main Author: | |
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| Format: | Print Article |
| Language: | Italian |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Monitor Ecclesiasticus
[2017]
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| In: |
Monitor ecclesiasticus
Year: 2017, Volume: 132, Issue: 1, Pages: 177-217 |
| Further subjects: | B
Process
B Criminal law B Defense |
| Summary: | The canonial procedural law, in the penal field, offers the possibility of a double procedure: the judicial and the administrative or extrajudicial one to wich one can resort to when, ex can. 1342, there are various impartial causes that prevent the judicial process from being carried out. If the judicial procedure does not raise particular issues, this cannot be said of the administrative procedure regulated by can. 1720 which presents, as presently structured, some risks and critical points that are not insignificant, without excluding the possibility of conducting an unfair process. The importance of this mission entrusted to the Church requires, instead, the protection of all those assurances from the unavoidable recognition of the dignity of the person, including the offender. Thus, after, the appropriate clarifications on the function of the process in the canonical order, we will point out the reassurances that the juridical path allows; we will then deal with the requirement of the impartial causes impeding the juridical procedure in order to highlight the weaknesses of the administrative procedure. We are now convinced that the critical points of the extrajudicial process - with the risk of lacking the guarantee of a fair tial - must be tackled and definitively resolved; for this reason we will formulate our proposal on the matter: the possibility of providing for an extraordinary judicial criminal trial. |
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| ISSN: | 0026-976X |
| Contains: | Enthalten in: Monitor ecclesiasticus
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