La decisione sugli effetti civili e la confisca senza condanna in sede di impugnazione. La legge n. 3 del 2019 (c.d. spazzacorrotti) trasforma gli artt. 578 e 578 bis c.p.p. in una disciplina "a termine"

Translated title of the contribution: [Autom. eng. transl.] The decision on civil effects and confiscation without conviction in the appeal. Law no. 3 of 2019 (so-called sweepers) transforms articles 578 and 578 bis cpp in a term discipline

Research output: Contribution to journalArticle

Abstract

[Autom. eng. transl.] The legislator, with the reform of the statute of limitations introduced by Law 3 of 2019, did not evaluate the systematic impacts of the impossibility, starting from January 1, 2020, to declare the same statute of limitations on appeal on the rules of the Code of Criminal Procedure, which, on the other hand, this situation presupposes. In particular, the art. 578 (in the matter of decision on civil effects) and art. 578-bis of the Italian Code of Criminal Procedure (on the subject of "extended" confiscation and now - just after Law No. 3 of 2019 - confiscation for one of the crimes against the Public Administration pursuant to and within the limits indicated by the "new" Article 322-ter of the Criminal Code), suffer an implicit repeal in part here also deferred. To be emptied of content, again indirectly, it is also the obligation for the judge to declare the prescription "in every state and degree of the process" pursuant to art. 129 cpp
Translated title of the contribution[Autom. eng. transl.] The decision on civil effects and confiscation without conviction in the appeal. Law no. 3 of 2019 (so-called sweepers) transforms articles 578 and 578 bis cpp in a term discipline
Original languageItalian
Pages (from-to)1-12
Number of pages12
JournalDIRITTO PENALE CONTEMPORANEO
Publication statusPublished - 2019

Keywords

  • Confisca
  • Prescrizione

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