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ISSN 2611-8858


Criminal Law in Times of Social Isolation: the Emergency Phase of the COVID-19 Pandemic In Italy And Brazil's Criminal Policy

In the following pages, it will be analyzed how criminal law has been used and in what terms has been affected by the coronavirus outbreak in its first and emergency phase, comparing the experiences obtained in the Italian and Brazilian legal systems. In the end, some critical reflections will be proposed, with particular regards to the analysis of the criminal dignity of the sanctioned conduct and the typification of the crimes, relating the theoretical discourse to the real experience of the criminal justice system and criminal enforcement in this period.

20th Annual Conference of the European Society of Criminology

E-conference 2020 Eurocrim Anniversary Edition

The "Cinderella effect": the magic of a policy of criminal prosecution contra legem

The author disputes the persecution policy pursued by the Public Prosecutor’s Office in the context of the Covid-19 pandemic and the use of the offence under Article 318 of the Criminal Code. With a reduction ad absurdum, the author illustrates the lack of grounds and the negative consequences of such a policy (from such a reading of the law, at the end). The effects translate into an “administrativization” of the criminal system, discriminatory use of pre-trial detention, limitations on due process and the collapse of the whole system. The duty of dealing with this situation is entrusted to the courts, before the Constitutional Court itself intervenes.

Rogue States ‘Sanction’ the International Criminal Court

The United States and Israel are acting as rogue States by refusing to accept the authority of the ICC

Report of the United Nations Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, 9 July 2020

Targeted Killings Through Armed Drones and the Case of Iranian General Quassem Soleimani

The Videoconference Hearings in the Days of Covid-19 (part 2)

The present work, which corresponds to the second part of the one published in Crimanal Justice Network last June 23, deals with the remaining inconveniences that can be generated for the event that the oral trial hearing is held through remote connection systems. Specifically, it deals with issues related to possible effects on the principle of contradiction, problems related to the control of evidence, the effects that an eventual agreement by the participants (especially the accused) could have difficulties in the development of communication between the accused and his or her lawyer during the trial, effects on publicity and conflict with the right to be tried within a reasonable time. This analysis is carried out with reference to the regulations contained in the Chilean Code of Criminal Procedure.

Coronavirus Pandemic in the EU - Fundamental Rights Implications - Bulletin 3 by the European Union Agency for Fundamental Rights (FRA)

The bulletin considers the impact of Covid-19 on fundamental rights in important areas of daily life

Criminal Liability for Quarantine Breakers? Critical Review of Articles 318 And 318 bis of the Chilean Penal Code (New Law No. 21.240): More Micro Than Macro...

The discussion regarding the criminal status of conduct in violation of curfew and quarantine under Covid-19 has turned heated in Chile. The Public Prosecutor's Office and the Public Defender's Office have maintained conflicting theses and the matter has ended up being of concern to Congress, who recently passed a law to "settle" the discussion (law no. 21,240 of June 20). The author offers herein a summary of the debate, critically reviews the substantive contents of the new law and offers specific proposals on how to interpret it (with case outlines). At the same time, the contribution sheds light on the functional value of the old and “denigrated” art. 318 of the Chilean Penal Code. In two words: the legislator undertakes a narrow perspective of the matter (the one focused on the citizens' conduct), rather than addressing the problem in its institutional dimension.

Rivista italiana di diritto e procedura penale n. 1/2020

With the permission of the publisher Giuffrè Francis Lefebvre we anticipate below the abstracts of the works published in the latest issue of the journal "Rivista italiana di diritto e procedura penale" (n. 1/2020)