Differently from the interpretation contra legem advanced by the Prosecutor Office, the supervisory body under article 31 bis 2.2° of the Spanish criminal code cannot be intended as a compliance officer. Following the Italian model, the legislator vested a body with the power to oversee directors and top managers, due to the impossibility to rely upon self-control of the said individuals
This paper aims to investigate corruption as an international phenomenon spread among several Countries around the world, which affects transparency and lawfulness of the Public Administration activities. In particular, lights will be shaded on the shape and the perception of bribery practices in Italy, according to judicial data and perception index. Therefore, the analysis will cover the efficiency of preventative measures, as well as strengths and weaknesses of the current repressive strategies
Proving causation between exposure to toxic substances and long latency disease is often a challenging task. This is clearly showed by the U.S. toxic tort litigation, as well as by the Italian experience of criminal investigation and trials for occupational and pollution-related diseases. After a summary of the main hurdles surrounding the proof of causation in “toxic cases”, this post addresses the question of whether the most readily available type of scientific evidence – i.e. epidemiologic studies – could be used in a different, more effective way than has been done so far
Laudatio presented at Cesare Beccaria’s Medal award ceremony by the Sociedad Internacional de Defensa Social, held in Salamanca on the 4 of October 2018
At the start of a new journey: some brief words of introduction to Criminal Justice Network
Text of the speech held by the President of the Italian Anti-corruption Authority on the 13 of September 2018 at the Austral University of Buenos Aires in the international conference "La política criminal frente al fenómeno de la corrupción”.
An important issue in forensic science is the question whether the method was reliably applied to the facts. In 2017, an appeals court in North Carolina did something largely noticed but remarkable: the court found that it was an error to admit fingerprint evidence in a criminal case. Twenty-six leading forensic analysts, statisticians, and researchers signed an amicus brief in the case, calling for stronger examination of the reliable application of fingerprint and other expert evidence. The goal was to emphasize to the state supreme court that only expert work that is reliably applied to the facts should be admitted at trial. The brief describes how wrongful convictions can and have resulted when forensic methods are poorly applied in criminal cases. Last Friday, the state supreme court declined review, allowing the appellate ruling in the case to stand.
The first instance judgment in re La Manada, still subject to judicial review and already discussed by prominent scholars in this blog, puts on the table the question of a possible reform of the sex crimes in Spain. In this post the author examines some reasonable, and some less reasonable, reform proposals.
Evidence to date suggests that the intermediate hearing in Chilean criminal proceedings has failed to fulfil its institutional role of verifying the admissibility of evidence that will later be presented to the trial court. There are many factors to indicate that poor quality evidence is being admitted to trial without an adequate evidence-filtration process. This post examines the reasons behind this shortcoming and invites foreign academics to consider comparable institutions in their own countries, in a combined effort to identify workable solutions.
A brief commentary on the judgment by the Spanish Supreme Court delivered on 28th June 2018. In particular, the post criticises the Court’s reasoning behind the alleged necessity for a corporation to adopt compliance programs, in order to prevent the commission of offences within the corporation itself.