Inside Police Custody 2
Recommendations for the legislature and the bar associations
10. In light of the research results, we recommend that the legislator and the bar associations take steps
with a view to ensuring that appointed defence counsels provide their clients with quality legal aid. To
this end, we recommend the following:
a. In accordance with § 19 of the Recommendation on legal aid, a system of accreditation for legal
aid lawyers should be put in place and maintained.
b. In accordance with § 17 of the Recommendation on legal aid, a general system to ensure the
quality of the services provided by legal aid lawyers should be in place, based on the regular
monitoring and evaluation of the appointment system.
Recommendations for the legislator and for all participants of the criminal procedure
11. With a view to ensuring that the practice of ex officio appointments could be adequately assessed, the
concerned state authorities should be obliged to collect relevant data about e.g. the number of and
grounds for appointments in the different stages of the proceeding, the amounts paid to cover the fees
and costs of appointed counsels, etc.
12. As the country report shows, the New CCP and its by-laws bring along positive changes in several
areas in terms of compliance with the Roadmap Directives. However, a lot will depend on the
stakeholders participating in the criminal procedure and the practice developed by them in terms of
whether the new legal provisions will live up to their promise or not. Therefore, it would be important
in our view for both the legislator and the stakeholders participating in the criminal procedure to
systematically assess the practice emerging under the New CCP.
A.4 Italy – Conclusions and Recommendations
Major issues
In recent years, recourse to pre-cautionary custody has decreased, as shown by the following data: from
almost 200,000 arrests in 2009, it has moved to about 173,000 in 2015. Even the use of prison in the very
first phase of deprivation of liberty has diminished: in 2010, 23,008 people entered the penal institutions
for a period of less than 3 days, pending the validation hearing and waiting (almost always) for a ‘speed
trial’ (‘processo per direttissima’); in 2017 the entrances in prison were 5,992. In 60.4% of cases it was
foreign nationals, often without a regular domicile. The decrease is undoubtedly a consequence of the
entry into force and application of law n. 9 of 17 February 2012.
Following the transposition of the European Directives 2010/64, 2012/13 and 2013/48, the rights to
information, translation and legal assistance have been strengthened.
The right to defence of defendants and suspects is facing major obstacles when defendants and
suspects are not native Italian speakers. The transposition of the Directive 2010/64 introduced important
innovations such as the free translation of written and oral documents even in the event of a conviction,
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