Il reato progressivo: attività delittuosa dinamica e rischi di oversanctioning nel prisma del reato complesso

The contribution analyzes the figure of progressive crime, an institution devoid of express codistic discipline and subject to\ r\ n diverging frameworks on the part of doctrine and jurisprudence. While the latter tends to “manipulate” the\ r\ n category, using it in the context of the consummation of the crime, classical doctrine places it, according to very different accents\ r\ n, within the framework of the apparent competition of rules. The progressive crime seems, however, to share different\ r\ ntraits with the figure of the complex crime, and in particular with the so-called possibly complex crime, a figure, which\ r\ n looks at the relationship between historical facts rather than between abstract cases and which could constitute a valid tool for\ r\ n recognizing apparent competition outside the strict limits dictated by the principle of specialty. To test the practical usefulness of the category, the most recent case law on the subject of ill-treatment and torture is examined in depth. The Supreme Court peacefully recognizes that the two cases contribute materially, however in cases of obvious\ r\ n escalation of severity and functional continuity of the action, the progressive (or possibly complex) crime could\ r\ n offer a more solid dogmatic path than the value criteria, to avoid undue sanctioning overburdens and to\ r\ n guarantee the imposition of a sentence that takes into account the substantive unity of the criminal action in progression.