Arresto e fermo: Prassi applicative e prospettive di riforma

This PhD dissertation deals with the study of the flarante delicto arrest and the holding of a crime suspect. These institutions are useful in the daily judicial experience, because of their immediate impact on the crime repression. This study aims to identify other purpose of these institutions, passing through a full comprehension of the role assigned at these police coercive measures in the criminal procedure system actually in force. So, the research has been developed along three lines, each represented †" also graphically †" in the three parts in which this work is divided. In the first part, in fact, starting from the historical analysis of the institutions, we proceed in the examination of discipline and constitutional jurisprudence relating to the flarante delicto arrest and to the holding of a crime suspect. The second part contains a critical analysis of these institutions, with specific reference to the rules laid down in Title VI of Book V of the Code of Criminal Procedure. Finally, the third and final part relates to a different line of research that has been developed downstream of the other analysis, regarding the possibility to introduce in our system the right of an early controverting about the application of a coercive measure.