The public interest and the right of defence. Rules and prejudice in the criminal trial after the Cartabia reform

Abstract

The dichotomy between prosecution and the right of defence informs about the difficult balance between the public interest and the meta-values of the criminal process. In the paths of Reform r(exists) the misunderstanding of the function of the criminal process, on the one hand, characterized by an indispensable cognitive interest, on the other subordinated to the rule, evidentiary and judgment, of non-consideration of guilt. Conversely, a new procedural archetype would lean towards a serious monitoring in the relations between authority and freedom, between State and citizen, theoretically reevaluating the defensive function as an instrument of judicial protection, in the adversarial for evidence and on evaluation