Limiti decisori in materia di richiesta di incidente probatorio "speciale"

The special framework governing the testimony of vulnerable individuals allows access to a pre-trial evidentiary hearing (incidente probatorio) regardless of the typical conditions of evidentiary urgency. This impacts on the judge’s decision-making powers. The A. examines the judgment which resolved a jurisprudential conflict by declaring that, under art. 392, par. 1-bis, first sentence, criminal procedure code, it is unlawful to reject a request for a pre-trial evidentiary hearing solely due to the absence of the victim’s vulnerability or the non-urgency of the evidence.