Abstract
According to the Joint Chambers the judge whom, in the executive phase, applies the discipline of continuing
offence (“reatocontinuato”) pursuant to article 671 ICCP, has to respect the punishment limits provided for by article
81 § 2 ICC. The decision respectably highlights how the judge’s power in determining the quantum of punishment for
continuing offence has to take place in respect of the same rules both in the trial and the executive phase, also in
consideration of a legal framework which establishes a process concerning a plurality of agents as a residual and
casual hypothesis.
Translated title of the contribution | [Autom. eng. transl.] Recognition of continuation in executivis and limits of the penalty applicable by the judge: the joined sections complete the reading of art. 671 cpp |
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Original language | Italian |
Pages (from-to) | 4291-4302 |
Number of pages | 12 |
Journal | CASSAZIONE PENALE |
Volume | 2017 |
Publication status | Published - 2017 |
Keywords
- Esecuzione penale
- reato continuato