Abstract

The paper provides a critical comment to the judgement n. 192/2023 of the Italian Constitutional Court on the Regeni case. The judgment at stake is examined from the specific perspective of criminal procedure, highlighting the judicial path that led to the ruling, the legal options available to the Constitutional Court and the consequences of its decision on the criminal justice system. In particular, it is argued that the Constitutional Court's decision inserted a new hypothesis of trial in absentia, outside the logic of those already provided for by the provisions of the Code of Criminal Procedure. This solution is critically analysed in light of the specific circumstances of the case and their relationship with the need to protect the right of defence and the fair trial in criminal proceedings. Finally, there is a reflection on the scope of positive obligations to prosecute and the disagreements raised by their advancement among scholars and practitioners in the field of criminal justice.