with the scientific collaboration of
ISSN 2611-8858

Rivista italiana di diritto e procedura penale n. 2/2021

Abstracts - English

Restorative Justice and the Constitution. Annual Reading 2021

Online event promoted by the Study Centre on Restorative Justice and Mediation (CeSGReM) of the University of Insubria - November 18, 2021

The Spanish Debate on the Proof of the Organization and Management Models (Criminal Compliance Programs)

José León Alapont

The reform of the Spanish Criminal Code operated in 2015 included the possibility that legal persons could be exempt from criminal responsibility if they had provided a criminal compliance program in accordance with the conditions and requirements set forth in articles 31 bis 2 to 5 of the Spanish Criminal Code. The main discussions about these control mechanisms have been raised at the substantive level, however, we believe that the procedural connotations presented by the compliances are, if possible, of greater importance, then, after all, the main aspect is how to be accredited in a criminal process and to whom this burden corresponds. However, this is not the only procedural aspect posed by the organization and management models, hence its role in the dismissal of the case, when adopting precautionary measures, as well as in the case of the plea bargain.

Review to Michele Papa, “Fantastic Voyage. Through the Specialty of Criminal Law”

Eugenio Raúl Zaffaroni

Translation and adaptation to Spanish Criminal Law by Bárbara San Millán Fernández, Tirant lo Blanch, Valencia, 2021)

A Never Ending Story: the Puigdemont Case and the European Arrest Warrant

Marta Muñoz de Morales Romero | Adán Nieto Martín

The feature film on the arrest warrant issued against the former president of the Catalan Generalitat Carles Puigdemont saw a new turning point with its application by the Italian judicial authorities, which, considering the euro-order effective, arrested Puigdemont in Sardinia, only to release it later. The chaos of this new episode is of such magnitude that the Italian judge deemed it appropriate to send a clarifying note on the validity of the European order. There are three issues under discussion: the first relates to the extent of the immunity; the second, probably the most complex, concerns the suspension of the euro-order; the third, still unexplored, addresses the so-called double incrimination, i.e. whether the conduct put in place by the former President, qualified by the Spanish Supreme Court as a crime of sedition, also constitutes a crime in Italy.

Domesticating International Criminal Justice – Current Challenges

Alexander von Humboldt-Kolleg 30 September – 2 October 2021 University of Milan and via Zoom