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Alieni iuris is a “Lawyers’ Latin” brocard meaning people staying under the absolute power of someone or something.
Dear
American Colleague,
unfortunately this is an hard time to be a lawyer in Italy,
due to the italian proceedings that are as far as to the american proceedings.
For example, behind the italian Courts we have a judge and not a lawyer
acting as prosecutor, so quite often he is a colleague of the proper
judge!!
Furthever an italian lawyer will never act as a judge.
Defence
investigations:
in the year 2007 the Italy’s Supreme Court (Corte di Cassazione)
introduced in criminal proceedings a new principle.
In according to which, during the preliminary investigations, when a lawyer
has found a witness useful for the theory of the defence, he cannot examine
him without the prosecutor’s authorization.
What a long way to the american proceedings !
A
brief history to understand what you can find in Italian Courts:
during a preliminary hearing, the judge in charge for the case, even
if it was not the correct way to operate, succeed in “adjusting”
all the mistakes made by the prosecutor.
Acting in this way the accused men seen the arrests validated before the
time of arrest warrant expire.
A personal
note: when the judge stand up any of the lawyers could see that under
his blue jacket he was wearing dirty jeans and old tennis shoes, just
like an hooligan.
Avv. Andrea Emilio Falcetta