Abstract
[Autom. eng. transl.] The ruling issued in the context of a famous Apulian health scandal, is noted for some important statements on the subject of criminal association and disturbed freedom of charms. Firstly, it is stated that the open and indeterminate nature of the criminal agreement, destined to last over time, justifies the hypothesis of an associative crime and not the mere concurrence of persons in the crime. Another important aspect of the pronunciation is the clarification that pursuant to art. 353 of the Criminal Code does not have a tender when, after having invited the individual potential contractors to present their bids, the administration remains free to choose its own contractor according to the criteria of convenience and opportunities proper to bargaining between private individuals.
Translated title of the contribution | [Autom. eng. transl.] Note to Cass., Section VI pen., May 24, 2011 - July 12, 2011, n. 29581 |
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Original language | Italian |
Pages (from-to) | 1743-1751 |
Number of pages | 9 |
Journal | RIVISTA ITALIANA DI MEDICINA LEGALE |
Volume | 2011 |
Publication status | Published - 2011 |
Keywords
- Associazione per delinquere
- Concorso di persone nel reato
- Delitti contro l'ordine pubblico
- Turbata libertà degli incanti