Una nozione imprecisa, un iter disorganico: quale futuro per la "manifesta infondatezza" del ricorso di revisione?

This study aims at analysing the basis for rejecting a request to reopen a criminal case when it is considered ‘blatantly ill-founded’. Although the Code of Criminal Procedure does not provide a comprehensive definition of this notion, the courts have attempted to clarify its meaning. However, this has resulted in ambiguity regarding the distinction between the admissibility and merits of the request. Furthermore, despite valuable indications from the ECtHR’s case-law, the principles of equality of arms and audi alteram partem appear to be disregarded when determining the admissibility of the request. Accordingly, the Author recommends ensuring full adversarial proceedings throughout the entire procedure to address these issues.