The revolutionary impact of European Court of Human Rights case law on the idea of res judicata in criminal justice - The Italian experience

The idea of res judicata is a concept rooted in both traditions of the civil law and the common law. In the civil law tradition, the conviction comes into force when the criminal proceeding is definitively concluded after the deadline for appealing, or after the conclusion of the appeal judgments. The exhaustion of 'all domestic remedies' is the condition to bring an action before the European Court of Human Rights, because Art. It should be added that in many cases the violation of a human right concerning criminal justice consists of an invalid procedural act. Like many other provisions in the European Convention, a 'crime' is something that has been given an autonomous meaning by the European Court and the former European Commission. The Italian enforcement of Strasbourg Court pronouncements about ne bis in idem, administrative sanctions and criminal matters has been influenced by the European Court of Justice jurisprudence.