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Our legislation provides for the application of the right to a fair remedy for the unreasonable duration of the process: the matter is regulated by the "4 Law" (L. March 24, 2001, No. 89) and is implementing what has been from the Human Rights Convention (see Article 6 of the ECHR).
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Because of the great generality at the legislative level, the jurisprudential discipline almost always had to evaluate the legal notion of "reasonable procedural duration", and that of "just remedy" with regard to the determination of the damage.
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The ff in United Sections, with verdict n. 1338/04, has acted to put an end to some jurisprudential jurisprudential obstacles at the territorial level and thus ensure a correct application of the "h7 Law" inherent to the foundations of the European Convention to protect human rights.
The principle for which the existence of non-pecuniary damage is not considered to exist if there are no conditions that exclude the occurrence of damage is indicated by the United Sections of the Supreme Court; all this because according to the Pinto Law, "... non-pecuniary damage is a regular effect, albeit not mechanical and indispensable, of the infringement of the right to reasonable procedural duration".
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The Co in United Sections, with the verdict n. 1340/04, also specified that: "... For the payment of compensation for damage at a non-patrimonial level as a result of the infringement of the right to reasonable procedural duration ... it is configured, with regard to the judge, the duty to keep in mind the indicative requirements of the remedy implemented by the European Court, while maintaining the same limit of judgment that allows it to detach itself, albeit in a reasonable way, from the payments supported by that Court in similar situations. "
Currently, the average cost of compensation made by the Judge of Strasbourg is generally € 1,255.00 per annum instead, in it, there is an average cost of € 1,000.00 which, however, is very far from other costs previously incurred by different territorial courts, of such a derisory nature as to evade future compensation claims.
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The offender is recognized as the subjective right to obtain a fair remedy for improper provision obtained unfairly (Articles 314 and 315 of the Italian Civil Code).
Such a right was applied with the 1988 criminal code to fulfill a specific duty established by the Human Rights Convention (see Article 5, paragraph 5, C.E.D.U.).
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The remedy request is forwarded by the offender after the acquittal has become definitive and on the application is required to decide the Court of Appeal with a procedure in the council chamber. The requirement to request the right remedy concerns the concrete injustice or the official injustice of unjustly obtained precautionary custody.
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Concrete injustice is expected by art. 314, paragraph 1, c.p.p. and it exists when the sentence is definitively acquitted because the crime does not exist, for not having carried out the action, because the action does not represent illicit or is not provided for by law as unlawful. It is essential to know that, according to the following paragraph 3 of the art. 314 of the Italian Civil Code, the judgment of non-place to proceed legally and the filing procedure are considered equivalent to the judgment of acquittal.
Official injustice is regulated by paragraph 2 of the art. 314 p.p.p. and it exists when the precautionary custody is used illegitimately, or in the absence of circumstances for which it is possible to proceed according to the articles. 273 and 280 c.p.p., regardless of the judgment of acquittal or sentence of conviction.
Other important requirements have been introduced by the legislation of 16 December 1999, n. 479, called "Ca Law", whose article 15 resulted in changes to article 31 of the criminal code.
Mainly, the maximum repayment limit has increased due to having suffered an unjust detention, moving from 100 million lire to 1 billion (today € 516.456,90), and the deadline for submitting the remedy request has also been increased. : from 18 to 24 months.