La deflazione dell’udienza preliminare riformata: primi riscontri applicativi

This article aims to examine the impact of the Riforma Cartabia and, in detail, its efficiency purposes on the preliminary hearing, an institute that has always been disputed and criticized as a cause of delays and inefficiencies in the judicial system. Despite the abolitionist instances, the Reform reaffirmed the institution of the preliminary hearing, and the first sentences of dismissal under the reformed art. 425, co. 3 c.p.p. reveal the intention to give new strength to the preliminary filter. This is to prevent proceedings without elements for a reasonable expectation of conviction from reaching trial. In order for the effect of the Reform not to be merely a warning intended to quickly fade away, it will be necessary to examine the concept of "reasonable expectation of conviction," as well as the conditions and limits of the judge's officious integration of investigations under art. 421 bis c.p.p. Although not directly affected by the Reform this disposition must be reinterpreted in light of the new standard of judgment.