07 Aug Review

The review is a form of appeal against the ordinance providing for the application of coercive and asset precautionary measures. Against the measures they are determining in order to change or revocation of a measure already previously prepared, as well as against the ordinances that provide for the application of a measure disqualification, It is however feasible only appeal, governed by article. 310 c.p.p. .

The terms in which the legislator punctuates the procedure Review, in addition to being peremptory (that it is provided under penalty of ineffectiveness loss measurement), are moderately short, waiting the need to define as soon as possible if the precautionary measure , susceptible to compress the fundamental rights of the citizen to be measured, It has been adopted in the presence of all the conditions set by the Law (for example edittali limits of the offenses for which to proceed, serious indications of guilt, existence of one or more supervision requirements, adequacy and proportionality of the measure).

The request for review may be brought within 10 days from the execution or service of the order has the measure, before the Court of the place where the seat of the Court of Appeal in whose district including the office of the judge who issued the order.

Upon receiving the request, the Court shall ask the Judicial Authority for the documents on which the measure is based, which must be received by 5 days. Received the documents, the Court will have within the next 10 days decide by order on the request for review – as a result of deliberation ex art. 127 c.p.p. – and depositing the relevant measure in stationery, again under penalty of ineffectiveness loss measurement.

The Court decides on the request confirming Review, canceling or reforming the contested provision. The decision on the re-examination is always immediately enforceable and an appeal to the Supreme Court is available against it.