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ISSN 2611-8858


El decomiso de las ganancias de la corrupción en Italia. En busca de las garantías perdidas

During the last two decades, in Italy the fight against corruption resulted into several kinds of confiscation of crime proceeds, having very different conditions and rules. The overall rationale of the said diversification is based on efficiency and it could jeopardise fundamental safeguards of criminal law as well as the rule of law

L'epilogo del caso Taricco: l'attivazione 'indiretta' dei controlimiti e gli scenari del diritto penale europeo

The conclusion of the Taricco case, by virtue of the Constitutional Court recent judgment no. 115 of 2018, offers on the one hand the chance to analyse the dialogue between the Constitutional Court and the EU Court of Justice about the non-applicability - to the detriment of the accused person - of the domestic rules on the statutes of limitations. On the other hand, the said decision represents an occasion to reflect on the domestic and supranational evolution of the criminal law principle of legality as well as the need to avoid vagueness of criminal provisions

The Italian Constitutional Court on assisted suicide

A few days ago, the Italian Constitutional law issued its first decision on assisted suicide, in a case concerning a civil rights activist who had accompanied a tetraplegic young man to a Swiss clinic, where he was helped to die. The Court held that the existing criminal legislation, which sets forth a general prohibition to assist anyone to commit suicide, is overbroad in respect to (i) patients suffering from an incurable disease (ii) that causes them severe and subjectively intolerable pain and distress, and (iii) are kept alive by life-sustaining treatments, but (iv) retain full mental capacity. However, in view of the necessity of a detailed regulation of the matter, the Court refrained for the moment from declaring void the provision, and adjourned the case to a new hearing next year, in order to give Parliament the opportunity to establish an appropriate legislative framework, in line with the principles set forth in the decision

¿Es posible el cumplimiento PYME?

Corporate criminal liability of small businesses aims at deterrence. In order to be compliant, however, these companies bear proportionally higher costs than medium-large companies: such a problem can be solved through collective actions and IT

Francisco Muñoz Conde, jurista y penalista universal

Laudatio presented at Cesare Beccaria’s Medal award ceremony by the Sociedad Internacional de Defensa Social, held in Salamanca on the 4 of October 2018

Market Abuse Evolution after the MAD II and the MAR: how Italy Amended its Legislation in Light of the Regulation (EU) 596/2014

The reform of the Italian provisions on market abuse, implementing the Regulation (EU) 596/2014, concerns a controversial legal issue, debated not only by scholars but also in the case law, including the European Courts (CJEU and ECtHR). Legislative decree no. 107/2018 provides for rules that are often inconsistent in themselves, without solving at all many problems in the area of market abuse

In tema di aiuto al suicidio la Corte costituzionale italiana intende favorire l’abbrivio di un dibattito parlamentare

A comment on the decision no. 207 of 2018 by the Italian Constitutional Court, that – with the primary aim to let the Parliament enact appropriate measures – decided to defer the constitutional ruling on article 580 of the Italian Criminal Code (crime of aiding suicide). This paper is also published on www.diritticomparati.it

Constitutional Legality, Conventional legality and judge-made law

The increasing relevance of case-law in criminal trials through art. 7 ECHR put several issues in civil law systems, that are primally founded on statutory laws according to their constitutional traditions. Notwithstanding the influence of European Court of Human Rights did not equate statutory law with judge-made law in such systems of law, relevance of case-law in criminal trials cannot be denied. Otherwise, irretroactivity and lex mitior retroactivity principles would be thwarted. As a result, judge-made law and statutory lawstill remain unequated when case-law is not well-established, but they should be considered equal in extraordinary cases, such as absolutely unforeseeable overruling in malam partem and overruling in bonam partem by united chambers of Supreme Court of Cassation

La remisión de la situación de Venezuela a la Corte Penal Internacional ¿una medida efectiva o efectista por parte de los Estados Americanos?

The recent referral of the Venezuelan case to the International Criminal Court by several State Parties to the Rome Statute has been deeply covered by the media in Latin America. This piece highlights the lack of effectiveness of the referral per se, then pointing out the options for States really eager to implement the international criminal justice system

Urgente: dos órganos de cumplimiento en las empresas

Differently from the interpretation contra legem advanced by the Prosecutor Office, the supervisory body under article 31 bis 2.2° of the Spanish criminal code cannot be intended as a compliance officer. Following the Italian model, the legislator vested a body with the power to oversee directors and top managers, due to the impossibility to rely upon self-control of the said individuals