03 Jun preliminary hearing

The preliminary hearing before celebrating the G.U.P., and its function is to ensure that the judge checks the validity and the merits of the indictment formulated by p.m. .

In addition to this, It can act as a seat for advance definition of the procedure, could the G.U.P. allow the request for expedited from the accused or plea bargain (bisognevole, generally, Agreement on it with the Public Prosecution).

The indictment marks the passage from the phase of preliminary investigations at the preliminary hearing stage; with the prosecution the national enrolled under investigation thus formally assume the position of defendant.

The preliminary hearing structure is the result of a compromise between two conflicting demands: the right of defense and the principle of immediacy.

The need to ensure effective control of the Judge on trial requirements (which is a right for the defendant and his defense) It assumes that you can take in the preliminary tests that allow the accused to demonstrate that there is insufficient evidence to bear, avoiding the development of procedural hearing each other.

it G.U.P. It enjoys the evidentiary initiative ex officio powers exercisable; judicial practice has, however, transformed the preliminary hearing by hearing, originally filter – and properly – provided by our Legislator to a mere formalistic and bureaucratic pseudo-passage of the case file from G.U.P. to the trial judge, debasing thereby regulated directions purpose and structure originally scheduled codicistica.