Glossary


a

APPEAL

This is how the parties to the proceedings can challenge a legal decision with which they do not agree. The appeal requests the intervention of a higher court (the Court of Appeals) which will be able to totally modify, partially reform, or confirm the first instance sentence.

 

b

BAIL

Bail is a restrictive measure that consists of the deposit, pledge, mortgage or bond, through a bank or otherwise, of an amount stipulated and imposed by the Judge for a defendant accused of a crime punishable with imprisonment.

c

CARE HOME

The Care Home is a residential facility for the hospitality of minors, the disabled, the elderly, adults in difficulty, people with AIDS and / or people with psychosocial problems.

CAUTION MEASURES

They are provisional measures decided against the suspect to prevent escaping, repetition of the crime again or alteration the evidence already collected.

CHANCELLOR

The Chancellor is a State official who has the task of collaborating with the Judicial Authority by taking care of the conservation and concrete management of trial files. The Chancellor is responsible also in contact with the parties and receiving procedural documents and issuing documents.

CIVIL PARTY

The victim can actively participate in the process, and exercise his procedural rights becoming Civil Party.

COMMITMENT FOR TRIAL

If a perpetrator is identified and convincing evidence has been collected, the Public Prosecutor begins the criminal action sending the investigation file to the Judge for Preliminary Investigations (GIP/GUP) and asking him/her to pursue the defendant’s commitment for trial.

COMPLAINT

It is a statement, written or oral, informing the legal authorities of a crime; it can be mandatory or optional. It is mandatory for the police (for all public crimes), public servants, all agents of the state and managers of public services (for any public crimes they become aware of while performing their duties). It is optional for everyone else and for crimes that public servants, agents of the state and managers of public services become aware of outside their professional duties. Unlike the lawsuit, the complaint cannot be withdrawn.

COURT HEARING

The Hearing is the event that takes place in a court of law during which witnesses, experts, etc. are examined.

COURT OFFICER

The Court Officer is a collaborator of the Judicial Authority: his main task is to provide notifications of the procedural documents.

CRIME

Voluntary (or, sometimes, negligent) behaviour that infringes the criminal law rules – either the Criminal Code or other laws, which are aimed at protecting and safeguarding the fundamental legal interests of society, such as life, freedom, physical and moral integrity, sexual self-determination and property.

d

DAMAGE

Damage is the measure, quantified in money, of the overall prejudice by the victims.
There are different types of Damage: Patrimonial Damage (expenses incurred and loss of earnings), Biological Damage (decrease in psycho-physical integrity), Non-pecuniary damage (Moral Damage), and further Damage (Damage to image, Damage due to loss of chance).

DEBATE

Debate is the central phase of the Trial. The debate develops through a succession of hearings, which take place in the courtroom. During the discussion, the probative arguments presented by the parties are developed and examined.

DEFENDANT

The defendant is the person against whom the Public Prosecutor formulates, at the end of the inquiry stage, the charges in writing relating to the crimes of which he is accused.

DISMISSING THE PROCESS

It is one of the possible ways to close the investigation phase. The defendant does not go to court because there is not enough evidence either that the crime took place or on who committed it.

e

EVIDENCE

All the different ways that are used to prove the facts (for example: documents, witnesses, forensic tests).

EXPERT

Someone with specialised technical, scientific or artistic knowledge who is called upon by the Court to observe, analyse and interpret certain facts relevant to discovering the truth.

f

FREE LEGAIL AID

When a person who have socio-economic difficulties can be assisted by a lawyer for free, as the payment is made by the state.

h

HEALTHCARE AND SOCIO-HEALTH FACILITIES

Healthcare and Social Healthcare Structures are health agencies that provide services on an inpatient or outpatient basis.

i

INFORMATION TO THE VICTIM

During the inquiry stage, and at all the stages, victims of crime are entitled to receive information about their rights, the progress of the case.

INQUIRY STAGE

This is the first stage of criminal proceedings, and is carried out by police under the supervision of the Public Prosecutor. At this stage, the police officers in charge of the investigation will collect evidences. At the end of the investigation stagepolice sends all the evidence gathered to the Public Prosecution Service, which will decide whether or not there is enough evidence that the suspect committed the crime.

INTERPRETER

The interpreter is the professional called by the Court if a person does not know italian, in order to actively participate in the trial.

 

j

JUDGE

This is a court officer who has the power to decide on the cases brought before the court and apply the law to each specific case.

JUDGE FOR PRELIMINARY INVESTIGATION

The Judge for Preliminary Investigations oversees the work of the public prosecutor during the inquiry stage;and to decide with respect to precautionary measures, for their validation, their replacement and revocation.

JUDGMENT

This is the written decision taken by the Judge.

JUDICIAL POLICE

It is the function taht a Law Enforcement Service (State Police, Carabinieri, Guardia di Finanza and Local Police) carries out investigations and carries out judicial measures.

 

l

LAWSUIT

The lawsuit is a written act by which the victim of some types of crimes reports the facts and asks for the punishment of the person responsible. The lawsuit can be withdrawn or revoked by the complainant. However, withdrawal of a lawsuit is not permitted in the case of sexual violence or stalking.

LAWYER

This is the legal professional who can advise and represent the various parties and participants in the case in court, particularly the victim, whether he/she is a witness, a civil party or an assistant.
The lawyer is a professional, graduated in law and licensed to practice the legal profession. He is enrolled in the National Register of Lawyers. accoHe carries out, for his client, the judicial acts that are opportune and necessary for his defense.

m

MEDIATION

Mediation is a type of intervention on the crime, that promote reconciliation between the perpetrator and the victim.

MEMORIA

The memorandum is a document written by the lawyers of the parties, related to the crime, that contains argouments in favor of the party. The arguments may relate to the reconstruction of the facts of the process (factual character); or they may be related to the interpretation of the law applicable to the specific situation (legal nature).

 

o

OFFENDED PERSON

The offended person is the person who, due to the crime, has suffered patrimonial, moral, psychological and emotional damage. The offended person has the right to be assisted by a lawyer.

OPPOSITION

An opposition represent the way a victim can challenge Public Prosecutor’s decision to dismiss the crime.
The request for dismissal must be submitted in writing and must contain justified criticisms of the Public Prosecutor’s decision.

p

PARTIES

When we talk about parties, we indicate the offended person, the victim, and the perpetrator during the criminal proceedings.

PENALTY

This is the punishment imposed on any defendant convicted in criminal proceedings.

PUBLIC PROSECUTOR

The Public Prosecutor (PM) is a State employee who direct the investigation and supporting the accusation during the Trial.

r

RED CODE (CODICE ROSSO)

The law of 19 July 2019, n. 69 introduces the so-called Red Code, that is a quick procedure for complaints and investigations into cases of violence against women or minors.

RESTORATIVE JUSTICE

Restorative justice refers to “an approach to justice that seeks to repair harm by providing an opportunity for those harmed and those who take responsibility for the harm to communicate about and address their needs in the aftermath of a crime.

s

SUMMARY JUDGMENT

During the summary judgment, the defendant asks to be judged according to the contents of the Preliminary Investigations file and with a defensive integration request: if sentenced in a summary judgment, the defendant will receive a penalty reduction of 1/3.

t

TEST

The perpetrator is taken over by the external criminal enforcement office (UEPE) for carrying out a treatment program (Testing) which includes as mandatory activities: the execution of public utility work, reperative actions, Compensation for Damage and, if possible, Mediation with the Crime Victim. The successful outcome of the Testing involves the declaration of extinction of the penalty.

THE PLEA BARGAIN

The plea bargain is an arrangement whereby the defendant and the Public Prosecutor come to an agreement penalty to be applied. This agreement is then approved by the Judge.

v

VICTIM

A victim of crime is someone who, as a result of an infringement of criminal law, has been subjected to an attack on his/her life or physical or mental integrity, or to emotional distress or material loss.

VICTIM SUPPORT SERVICES

Victims Suport Services are public or private services that provide: information, advice and assistance on victim’s right to citizien.

w

WITNESS

Anyone who is asked to cooperate with the authorities in finding out the truth, owing to his/her knowledge of the facts.

WOMAN’S SHELTER

The woman’s shelters are secret address structures that provide safe accommodation for women who suffer domestic violence and their children.

WOMEN’S CRISIR CENTERS

A women’s crisis centers is a service for women who suffer any form of violence. (domestic violence, sexual violence, economic violence, stalking). Each women’s crisis center offers psychological support, legal advice and protection.

I WAS A VICTIM OF CRIME: CONSEQUENCES AND REACTIONS THE RIGHTS OF VICTMS OF CRIME CRIMINAL COURT PROCEEDINGS WHO’S WHO IN CRIMINAL PROCEEDINGS


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