Pre-trial detention and twin-track strategy: the troubled regulation of the automatisms established by art. 275 para 3 C.C.P.

By analyzing the twin-track strategy applied to precautionary measures, the paper focusses on the precept enclosed in the second part of the Art. 275, para 3, Code of Italian Criminal Procedure (as well as in Art. 12, para 4-bis, d. lgs. 25 July 1998, n. 286) which establishes some exceptions to the general rules concerning the application of pre-trial detention. The essay begins by describing the rules applying where common crimes are under investigation and then addresses the requirements established for certain serious crimes. In particular, after a detailed account of the legislative evolution (from 1991 to date) of the provision in issue, the paper dwells on its unresolved critical aspects, also taking into account the Italian Constitutional Court’s stance on the matter