The failure of the appointed defense lawyer to participate in the procedure for the validation of the detention measure at a temporary detention center, adopted by the Police Chief, due to the lack of notification to the lawyer of the date set for the relevant hearing, cannot be remedied by any other equivalent act, such as the presence of the lawyer designated by the Justice of the Peace in the hearing. This is because, according to Article 14, paragraph 4, of Legislative Decree No. 25/2008, the provisions of the sixth and seventh sentences of paragraph 8 of the previous Article 13 apply to the validation hearing of the detention measure. It is explicitly stated that only if the foreign national is without a defense lawyer will one be appointed ex officio.
Project funded by the European Union's Citizens,