• Leggi il contributo

Abstract. The purpose of this study is to examine the issue of wrongful convictions through the lens of Criminal Cases Review Commissions (CCRCs). Following an overview of the mechanisms adopted by various jurisdictions worldwide to manage post-conviction applications, the first part analyses the original CCRC model established in England at the close of the twentieth century. The second part explores the CCRC frameworks currently operating across multiple jurisdictions, including those within Europe. The final part seeks to assess the advantages associated with the establishment of a CCRC, particularly in relation to its role in facilitating effective investigations as an essential component of the “human right to claim innocence”.

SOMMARIO: 1. Introduction: different systems of administering applications for post-conviction procedure. – 2. The original framework of the “Criminal Cases Review Commission” for England, Wales and Northern Ireland. – 3. Post-ECCRC approaches. – 3.1. The “hard model”. – 3.1.1. The (unsolvable?) problem of the “referral standard”. – 3.2. The “weak” or “attenuated” model. – 4. Possible and future developments of the CCRC. – 5. Towards a CCRC also in the “jurisdictional models”: Why not? The Italian example. – 6. Concluding remarks.

* In vista della pubblicazione su Diritto penale contemporaneo – Rivista trimestrale, il contributo, qui pubblicato in anteprima, è stato sottoposto in forma anonima, con esito favorevole, alla valutazione di due revisori esperti.