Nemo iudex sine actor (the letter "no judge without actor"), null actor, nullus iudex (to the letter "if there is no actor, no judge") and nothing iurisdictio sine actione letter "no judicial remedy without legal action") are brochures expressing a principle, dating back to Roman law, also applied in today's legal systems: the principle of demand, which is the corollary of the more general principle of the law. It is the same principle expressed by the brocardo in proceedat iudex ex officio (to the letter "does not proceed with the office of judge").

According to the principle, the trial can be initiated by the court only at the request of a party, who in the civil process takes the name of an actor, thus exercising action against the other party, said in civil process agreed.

In Italian law, a statement of the principle of demand can be found in art. 99 of the Code of Civil Procedure, which reads: "Anyone who wishes to claim a claim must make a request to the competent court." The principle also applies to criminal procedural law, in fact criminal prosecution is for the public prosecutor, pursuant to articles 50 and 405, paragraph 1 of the Code of Criminal Procedure, excluding the court to intervene before the trial begins. An exception is the judge for preliminary investigations, who intervenes in the proceedings before the commission of the criminal act; the derogation is justified by the need to entrust an impartial body with the assessment of the measures requested by the public prosecutor in the preliminary investigation phase, which may have a strong impact on the fundamental freedoms guaranteed by the Constitution. Notemodify wikitesto Voices correlateemodify wikitesto

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