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ISSN 2611-8858

Idiosincrasia y dogmática penal italiana De paso, sobre si acaso Franco Bricola fue un revolucionario o un reformador. (un ejercicio poco “científico”, ma con grande affetto)

Fernando Londoño Martinez

Taking the cue from an intervention at professor Gabriele Fornasari’s seminar in Valparaíso on 20 November 2018, on the Evolution of Italian criminal law doctrine in the XX century, the author offers an overview of the main features of the Italian criminal law doctrine, establishing a relationship with certain idiosyncratic values. In the second part, the author addresses a query raised by one of the seminar attendees, trying to answer to the question whether Franco Bricola was a revolutionary or a reformer. The answer implies a reference to a forthcoming piece

Cristiano Ronaldo y el delito fiscal. Bueno, bonito y barato

Sergi Cardenal Montraveta

The decision 53/2019 of the Madrid Provincial Court (sec. 17) from the 22nd of January 2019, convicted Cristiano Ronaldo as author of four crimes against the Spanish Treasury. The prison sentences imposed have been substituted by fines. Below we will make a summary of the facts and will critically analyze them, its consequences and also its relation to the preventive function of criminal law

La (desapercibida) reintroducción en España de las medidas de seguridad privativas de libertad de duración indeterminada

Carmen López Peregrín

The paper focuses on the indirect consequences in the Spanish legal system of life sentence with parole since 2015, especially with respect to the overall lenght of measures limiting the personal freedom of individuals

Legalità penale e legge di interpretazione autentica. Note a margine della sentenza della Corte Suprema argentina nel caso “Batalla”

Pablo Daniel Eiroa

Drawing on the “Batalla” case, decided by the Argentinian Supreme Court in December 2018, the article analyses the possibility of applying the interpretation of the criminal law provided by the law-maker itself, in detriment to the defendant or to the convicted (by a non-definitive judgement). We argue for the existence of complex or borderline cases (e.g. the Batalla one), which cannot be solved in light of the applicable laws thereto and where Courts are expected to solve the issues resorting to judge-made law. In these puzzling cases, the Parliament would not only be authorized to envisage a criminal law interpretation as provided by the legislator: such a solution should be desirable to avoid the creation and application of creative and unreliable judgments. However, the law interpretation given by the lawmaker should not be applied for ongoing criminal proceedings: such a solution would stand in contradiction with the duty of the judge to choose legal interpretation that mostly advantages the defendant

Handbook of European Criminal Procedure, Roberto E. Kostoris (ed.) (Springer International Publishing AG, 2018)

A short presentation of the book

Cuidado, Manada, la justicia anda suelta

María Acale Sánchez

The judgment of the Navarra Superior Court of Justice, issued on 30 November 2018, concerns the appeals – filed by the defendants and by the Prosecutor – against the first instance judgment rendered by the Audiencia Provincial of the same region, on 20 March 2018, about the case of group sexual abuse perpetrated on 7 July 2016 known as "la Manada case". The Spanish Supreme Court of cassation will assess if rape occurred (the Prosecutor already announced an appeal against the second instance decision): in this "second chapter of la Manada case" a majority of three judges of the panel clearly concluded that a sexual abuse to the detriment of the victim took place, while the remaining two judges in their dissenting opinion strongly affirmed that a proper rape was perpetrated, so embracing the idea of background intimidation sustained by the victim's defence counsel as well as by the feminist movement since the very beginning of the criminal proceedings