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Published online by Cambridge University Press: 07 May 2025
The need for a radical change in the position expressed by the current n.2 clause of art. 314 of Criminal Code — which prohibits research relevant to the character and the personality of the defendant and generally the psychical qualities, independent of pathological causes — reflects the almost overwhelming trend of the Italian penal, criminal and medico-legal doctrine.
This need was taken into account by Law n. 108 of Apr. 3, 1974 whereby Parliament delegated the Government to issue a new code of criminal procedure, in place of the text of the current one, which dates back to 1933, and, although it was partially modified in 1955, it is not at all consistent with the constitutional principles and with the rules of the International conventions relevant to the rights of the person and to the criminal process.
Work carried out with the contribution of the National Research Council (contract N. 257/78.02673.09/1158199).