The effects of the directive 2013/48/EU on the Italian system of precautionary measures: Defence rights in remand hearing

Abstract

Within the European area of justice, Directive 2013/48/EU aims to establish common minimum standards on the right of access to a lawyer for suspects and defendants in criminal proceedings throughout the European Union. In this paper, we analyse the possibility of extending the guarantees provided for by Italian criminal procedural law in relation to an emblematic activity, the questioning of a person subjected to preventive custody. Many issues remain unresolved, and there seem to be numerous shortcomings in the text of the new Directive, especially if we are to ensure the practicality and effectiveness of the protection it envisages.