The inadmissibility outcome and its reasons in the criminal judgment of legitimacy

Issue 7-8/2021

Abstract. This paper is focused on the inadmissibility outcome of the appeals filed with the Criminal Court of Cassation.
The statistical data provided by the Court itself demonstrate the preponderance, more and more marked over time, of this outcome over the other possible ones.
The author’s purpose is to understand the reasons for this trend.

SUMMARY: 1. The numbers. – 2. The causes of the increase in inadmissibility decisions. – 2.1. The regulatory framework. – 2.2. The jurisprudence. – 2.2.1. The obligation of specificity and its violation, or “non-specificity”. – 2.2.2. Self-sufficiency. – 2.2.3. The manifest groundlessness. – 2.2.4. In the vicinity of inadmissibility: groundlessness “to the limits of inadmissibility”. – 3. The voices of the doctrine. – 4. A warning from Europe: the judgment Felloni v. Italy. – 5. Final considerations.

To read the Reflection, click on “open file”.