Dante Valitutti

The K.'s Paradox. Short Remarks about the Role of the Prosecution in a Criminal Trial

  • Abstract

Informations and abstract

Keywords: Kafka; Trial; Contradictory; Parity; Due Process of Law.

The procedural criminal law knows areas (the trials against criminal organizations for example) in which the rules of due process of law are not fully respected. If the trial as expressed by our Constitution clarifies that the contradictory and the parity of the parties are fundamental elements, in the areas first mentioned these last do not exist almost; starting from these assumptions, we will try to describe the deviations from the principles of due process of law invoking the figure of Joseph K of Kafka's novel. In this meaning, this character represents a border figure, which recalls a particular mode of indictment without guarantees and defense for the accused. In conclusion, we will look for a link with current events, in particular with the so-called phenomenon of the trial's spectacularization.

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