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ISSN 2611-8858


Il diritto è la precisione: sobre el valor de la Parte Especial en la dogmática penal italiana

Taking a cue from a piece published on this website (see the column on the right), where four landmarks of the Italian general theory of criminal law were outlined, the author focuses on one of them: namely, the deep analysis of the special part. Such a focus is based on excerpts from the renowned monographs “Inganno ed Errore” (1955) by Cesare Pedrazzi and “Il reato come azione” (1971) by Giorgio Marinucci

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)

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

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

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”

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

Cuidado, Manada, la justicia anda suelta

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

Sul constitutional review delle misure antiterrorismo

Text of the speech (already published in the official website of the Italian Constitutional Court: see https://www.cortecostituzionale.it/documenti/varie/albi/vigano_albi.pdf) given by Francesco Viganò at the quadrilateral meeting of the French Conseil Constitutionnel and the constitutional courts of Italy, Spain and Portugal held in Albi, France on the 28 September 2018.

Brevi note sul contributo “penalistico” di Justice Anthony Kennedy, nonché sulle possibili conseguenze del suo pensionamento

The paper presents the main judgments in constitutional-criminal law matters by the Associate Justice of the US Supreme Court Anthony Kennedy (who served from 1988 to 2018). The peculiar role of “Swing Justice” between conservative and liberal ones made his dynamic-evolutive approach in interpreting some constitutional clauses (cruel and unusual punishment clause under the 8th Amendment and due process clauses under 5th and 14th Amendment) a sort of balancing factor for the Court itself, enhancing the constitutional safeguards in certain areas of substantive criminal law (sanctioning and prisons, in particular). The turnover with Justice Kavanaugh, establishing a conservative majority – in conclusion – could jeopardize many results obtained insofar, affecting even the underlying fundamental principles of dignity, humanity and civilisation