IL CONTROLLO GIURISDIZIONALE SULL¿ACCUSA: GLI SVILUPPI DELL¿UDIENZA PRELIMINARE E DEI MODELLI DI COMMON LAW

Despite repeated attempts at revitalization, including the most recent reform of criminal justice, the preliminary hearing continues to show its limitations in performing its fundamental functions of safeguarding the defendant’s rights and ensuring the efficiency of the system. Even repeated efforts to strengthen the preliminary hearing have proven insufficient, even though this control has been profoundly changed in its defining features since its introduction in 1988, modeled on analogous English and American proceedings as an emblem of adherence to the adversarial system. Starting from these premises, the thesis first traces the evolution of the Italian preliminary hearing, analyzing its main trajectories and, in particular, the evidentiary basis of the decision, the control over the indictment, and the applicable standard. The analysis then focuses on England and the United States, where preliminary proceedings originated and came to characterize the adversarial system, albeit undergoing radical transformations over the centuries and now appearing significantly reduced in scope and in a state of serious crisis. Considering the evolutionary paths of the three legal systems, the study investigates the relationship between the Italian preliminary hearing and its reference models, exploring whether the latter may offer useful insights into the deeper causes of its failure, the adequacy of the current regulatory framework, and possible directions for the future.