In the context of proceedings for extending detention under Article 14 of Legislative Decree No. 25 of 2008, the guarantees of adversarial procedure—consisting of the necessary participation of legal counsel and the hearing of the detainee—apply under penalty of nullity of the order authorizing the extension, even without a formal request from the detainee to be heard. (In this case, the Supreme Court overturned the decision of the territorial court, which had deemed the detainee’s presence at the hearing unnecessary, citing a prefectural declaration of quarantine for the CPR housing units due to the Covid-19 emergency. The court had erroneously held that the detainee was required to explicitly justify their participation in the hearing as being relevant to achieving a different outcome in the proceedings).
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