Pubblicità e segretezza nel processo penale: fra indicazioni normative e profili attuativi

The paper analyzes the declinations of the principle of publicity and the secret in criminal proceedings, through a critical reading of the normative data, jurisprudential and doctrinal interpretations, and concrete applications (and their frequent violations) found in practice. The applicative spectrum of these principles, in relation to the individual moments of the criminal rite, contributes to delineating the terms of the relationship between criminal justice and information. A long which delicate conflicts intersect between constitutionally protected interests: presumption of innocence, privacy, reputation, right of information, success of the investigations, collective control over the exercise of judicial powers. The need for a proper balancing of these interests represents the underlying prospect of the whole research, which is divided into three parts, referring, respectively, to the publicity of the judicial hearing, the secret of the investigations and the prohibition of publication of acts of the proceedings.