absence of defendant access to places adversarial system appeal art. 581 code of criminal procedure Art. 603 Code of Criminal Procedure assisted witness bifacial mechanism case law civil party code of criminal procedure continuing offenses Contradictory Court of Cassation criminal law Decisive Evidence defendant defendant rights defenders defensive investigations domicile election double jeopardy ECHR evidence foreign judgments foreign language defendants fugitive home detention house arrest inadmissibility investigations Italian case law Italian jurisprudence judgment judgment 14035 judgment 49255 no grounds for proceeding non-custodial defendant notifications nullity of trial order 13408 penal code plenary procedure prevention proceedings principle of immutability procedural law Reasoning reduction of sentence referral return within the term right of access right of defense right to defense right to remain silent right to restitution ruling ruling no. 49799 sentence sentence reduction signature authentication substitute sanctions Supreme Court surveillance proceedings translation of judgments waiver of appeal witnesses