4
COLOZZA v. ITALY JUGDMENT
administrator appointed by the court in the attachment proceedings, was
unaware of Mr. Colozza’s new address.
On 4 October 1973, the investigating judge issued a "judicial
notification" (comunicazione giudiziaria) intended to inform the applicant
of the opening of criminal proceedings against him. A bailiff attempted to
serve it on Mr. Colozza at the address - via Fonteiana - shown in the
Registrar-General’s records, but without success: he had moved - about ten
years earlier according to the carabinieri and five years earlier according to
the police - and had omitted to inform the City Hall of his change of
residence as required by law.
11. Meanwhile Mr. Colozza, when renewing his driving licence in
September 1973, had given, as his current address, that shown in the
Registrar-General’s records (via Fonteiana).
12. On 14 November 1973, after unsuccessful searches at the latter
address, the investigating judge declared the accused untraceable
(irreperibile), appointed an official defence lawyer for him and continued
the investigations. Thereafter, in pursuance of Article 170 of the Code of
Criminal Procedure (see paragraph 19 below), all the documents which had
to be served on the applicant were lodged in the registry of the investigating
judge, the defence counsel being informed in each case.
On 12 November 1974 and 30 May and 3 June 1975, the investigating
judge issued three arrest warrants which were not executed because the
competent authorities still did not know where Mr. Colozza was living. It
should, however, be noted that the address indicated on the warrants was via
Longanesi. On each occasion, the carabinieri drew up a report of fruitless
searches (vane ricerche). Mr. Colozza was thenceforth regarded as
"latitante", that is as a person wilfully evading the execution of a warrant
issued by a court (see paragraph 20 below).
13. By a decision of 9 August 1975, the applicant was committed for
trial.
A first hearing was held by the Rome Regional Court on 6 May 1976.
Although he had been informed of the lodging of the summons to appear
(see paragraph 12 above), the accused’s officially-appointed defence
counsel did not appear, with the result that the court had to appoint a
replacement and postponed the hearings until 26 November. On that date, a
new lawyer was officially assigned, because the one appointed on 6 May
did not appear either. The court adjourned the trial and concluded it on 17
December 1976, after appointing, during the sitting and again for the same
reason, another official defence lawyer. It sentenced Mr. Colozza to six
years’ imprisonment (reclusione) and a fine (multa) of 600,000 Lire. The
public prosecutor had called for sentences of five years’ imprisonment and a
fine of 2,000,000 Lire and the officially-appointed defence counsel had
agreed with his submissions.