Press Eelease of the Constitutional Court of 25 Septemper 2019
A short presentation of the book
With the permission of the publisher Giuffrè we anticipate below the abstracts of the works published in the latest issue of the journal "Rivista italiana di diritto e procedura penale" (n. 2/2019).
Text of the commentary exposed at the conference of professor Francesco Viganò, judge at the Constitutional Court, on “The Italian Criminal Law in the light of the Constitution and the Human Rights in the 21st century: five relevant judgments of the Italian Constitutional Court in the biennium 2018-2019”, given on 5 July 2019, in Santiago de Chile (Universidad Diego Portales), within the framework of the II Italo-Chilean Seminar on Criminal Justice. The discussant raises four main issues about the Order n. 207/2018 of the Italian Constitutional Court concerning the crime of assisted suicide: (1) Does the Court argue the unconstitutionality of the 219/2017 Act? (2) Does the Court overcome, although under certain conditions, the distinction between the withdrawal of consent to medical treatment and assisted suicide or euthanasia? (3) Would the regulation of assisted suicide admit a right to conscientious objection? (4) Which is the functional limit, in this context, of the principle of equality and reasonableness?
With the permission of the publisher Giuffrè we anticipate below the abstracts of the works published in the latest issue of the journal "Rivista italiana di diritto e procedura penale" (n. 1/2019).
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
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
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
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
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