Page 155 - Ettore Dezza, Lezioni di storia del processo penale, Pavia, Pavia University Press, 2013

Lectures on the history of criminal trial

Ettore Dezza

Abstract

Among the doctrinal structures more firmly rooted in the history of legal science, the
contrast between adversarial trial and inquisitorial trial is placed in a prominent
position. In fact, despite being very old from a historical point of view, the dichotomy
accusatio / inquisitio is still commonly used because it provides a flexible tool, which
contributes effectively to the classification and understanding of current forms of criminal
justice. At the same time, the use of the binomial prosecution / inquisition is able to bring
out with clearness the contradictions of the criminal justice systems both past and
contemporary, often characterized by non-unique and hybrid options, from which re-
emerge (sometimes unconsciously, sometimes with hidden awareness) elements of previous
experiences. This book aims to outline the key aspects of the doctrinal and legislative
process that had as its focus the contrast between adversarial model and inquisitorial
model. This process began in the age of ius commune and has developed especially in the
age of Enlightenment through a series of controversies involving prominent members of
the European legal culture. The contrast between adversarial trial and inquisitorial trial is
the foundation and the necessary condition of the intense and sometimes rough debate on
the forms of the criminal trial that even today, after the age of codification, draws the
attention of those who look to the criminal justice systems as a test of the legal culture.

Ettore Dezza (Stradella, 1951) taught legal history at the Universities of Padova, Milano
Statale, Sassari and at the Università Cattolica del Sacro Cuore. Since 1998 he is full time
professor of Italian Legal History at the Law Faculty of the University of Pavia. Since 1986
he is a member of the «Società Italiana di Storia del Diritto» and since 1992 of the «Societé
d’Histoire du Droit». He was «professeur invité» at the Faculté de Droit of Paris-Val-de-
Marne University (Paris XII) (1992-2002). After being the Director of the «Dipartimento di
Diritto Romano, Storia e Filosofia del Diritto» (2004-2009) and the Dean of the Faculty of
Law (2008-2012), since 2012 he is the Director of the Department of Law of the University
of Pavia. He is member of the editorial staff of: «Rivista di Storia del Diritto Italiano»,
«Journal der Juristischen Zeitgeschichte-JoJZG», «Bollettino della Società Pavese di
Storia Patria», «Rivista di Storia Arte Archeologia per le Province di Alessandria e Asti».
The themes of his researches are mainly the following ones: the history of the Italian
municipal legislations; the history of criminal law and penal procedure; the history of
modern codification; the history of legal professions; the history of judicatures and consultant
jurisprudence. He published in Italy and abroad about 130 titles among monographs, articles
and other contributions. He also made at home and abroad more than 140 meeting reports.

E-mail: ettore.dezza@unipv.it