eulero83
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quote:
ORIGINAL: Fightdirecto
quote:
ORIGINAL: Marini
As far as the retrial, I guess you need to know Italian law.
How many times can you be tried for the same crimes in Italy?
I lived in Italy for a number of years in the mid-1970's and learned a little about Italian law. Under Italian law, a person can be tried for the same crime as many times as the prosecutors can convince the Court that they should be re-tried.
So, hypothetically, Knox could be re-tried for the murder, acquitted, re-tried, acquitted, re-tried, acquitted, re-tried, acquitted, re-tried, acquitted, re-tried, acquitted - until she is convicted (at which case, she could appeal her conviction and get another re-trial) or dies of old age.
I am italian, and I can tell you it's wrong, a trial in italy is composed in 3 parts judgement n° 1 judgement n°2 and review, an important thing is you are to be presumed innocent untill the review court has not expressed it's definitive innocence or guilt verdict, defendant is to be jailed during trial only if there are strong suspicions at your charge (a different judge will decide about it before the trial) and one of the following there is probable flight danger or the accused will probably destroy important evidence or will probably repeat the crime, it can be more common for a murder charge but it's unusual to be jailed more likely home arrest are ordered, the trial ends only when the third verdict confirm the 2nd judgement, but if one of the judgement are in favor of the defendant there is no more such a strong suspicion on him, so being to be considere as innocent and being misisng one of the reason to justify conviction the accused is released but not fully acquitted. You can't be prosecuted twice it's just we have a different way to build a trial.
Said this it works this way after investigation there are strong evidence against you (the law say what to consider strong and what not) prosecutor can order your arrest (in italy prosecutor is a kind of judge) or decide only a notification is needed, at this point your lawyer will defend you in a preliminary trial that judge about the prosecutor decision, if the preliminary judge decide that the evidence respect all the criteria the law requires gives the autorization to go on with the trial or that there are no reason to go on, if he confirm the accuse he has to see what kind of precautionary measure the law impose for that case, it can be giving up your passaport or being obbligated to report in a police station daily, being controlled by social services, home arrested or if needed jailed. Than you are to defend yourself in a first grade of judice, if you are found not guilty you are released and the prosecutor can ask for the 2nd judgment (it's quite uncommon for the prosecutor to do such a thing) if you are found guilty you can ask fo the second judgment (defendant almost always asks for it), during second judgement the trial is repeted and you can take any new evidence you need, 90% of the times 2nd judgement is on the defendant side or with a verdict in his favour or becuse it gives a shorter sentence, mostly because on a second try it's easier to find a reasonable doubt or mitigating reasons, both prosecutor or defendant can ask for a review of the 2nd judgement (it's very very uncommon that the prosecutor asks for such a review the defendant asks quite often) the review court never consider evidence but can decide only if the 2nd judgement respected the laws if it's not orders to repeat 2nd judgemet or to delete part of the verdict (it usually gives a verdict in favour of the defendant most of the time reducing the sentence). It's quite uncommon what happened and it means appeal judges didn't respected all the procedures giving an advantage to the defendant.
< Message edited by eulero83 -- 3/27/2013 8:04:25 AM >
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RE: Amanda Knox retrial? - 
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