The Multipolar System of Special Proceedings in Criminal Matters: Evolution and Critical Issues

The multi-modular structure of criminal proceedings, which juxtaposes ordinary proceedings with special proceedings, reserves for the latter a strategic role in holding the system together.
Their constantly evolving structure is affected by the combined normative-jurisprudential input.
In fact, over time, all the alternative rites originally found in Book VI of the Code (giudizio abbreviato, applicazione della pena su richiesta delle parti, giudizio direttissimo, giudizio immediato, procedimento per decreto) have undergone legislative innovations in order to increase their effectiveness and potential; a new model (sospensione del procedimento con messa alla prova) has also been added. Even the Cartabia reform does not fail to intervene in some of them.
At the same time, jurisprudence has always played a role conditioning the structural and functional profile of special rites, in the face of a normative construction that is often a harbinger of interpretative uncertainties.
Hence the interest in both the future scenarios opened up by new legislation and the most relevant application issues that have recently arisen.