Prescrizione del reato e prescrizione dell’azione penale

Translated title of the contribution: [Autom. eng. transl.] Prescription of the crime and prescription of the criminal action

Giulio Ubertis

Research output: Contribution to journalArticle

Abstract

[Autom. eng. transl.] After having carried out the necessary lexical clarifications for the phrases "prescription of the crime", "prescription of the penal action" and "penal prescription", the constitutional bases of the prescription are identified in the context of criminal justice. The imperative emergence of the problem relating to the penal prescription due to the exceptional increase in the number of extinguished criminal proceedings for this cause, examines the main limits of the current discipline and the criteria for a solution, among other things recognizing that when he speaks of the unreasonable duration of the criminal proceedings in reality a synecdoche is carried out: it is not the proceedings as such, but the intervals between the executions of the relative acts that are unnecessarily protracted. Operational solutions are therefore envisaged that generate competition between the protagonists of the procedure so that each one is interested in speeding up the judicial cadences, which reduce to a minimum the hypotheses in which the observance of the procedural time is guaranteed only by the disciplinary or criminal responsibility of the proceeding magistrate and and finally, that they do not detract from the good administration of justice (according to the expression used by the jurisprudence of the Court of Strasbourg).
Translated title of the contribution[Autom. eng. transl.] Prescription of the crime and prescription of the criminal action
Original languageItalian
Pages (from-to)1016-1033
Number of pages18
JournalRIVISTA ITALIANA DI DIRITTO E PROCEDURA PENALE
Publication statusPublished - 2010

Keywords

  • Durata ragionevole del processo
  • Prescrizione penale
  • Reasonable duration of trial
  • Statute of limitations

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