Rivista italiana di diritto e procedura penale n. 2/2023
Abstracts - English
Con l'autorizzazione dell'editore Giuffrè Francis Lefebvre anticipiamo di seguito gli abstract in lingua inglese dei lavori pubblicati nell'ultimo numero della "Rivista italiana di diritto e procedura penale" (n. 2/2023).
Luparia Donati L., Della Torre J., Implications of the Rules governing Prosecution (and Dismissal) in the EPPO System, p. 347 ss.
This paper focuses on the issue of EPPO’s prosecution and dismissal powers. Reconstructing the relevant legal framework allows to understand how the traditional reluctance of Member States to give up portions of their sovereignty has produced “poisonous fruit”. This has threatened to undermine not only the rights proclaimed in the EU Charter of Fundamental Rights, but also the objectives pursued with the creation of the new supranational Prosecutor.
Callari F., The Summary Indication of the Sources of Evidence and of the related Facts in the Committal for Trial: the Perilous Ambivalence of the Pharmakon, p. 387 ss.
Article 429, paragraph 1 of the Italian Code of Criminal Procedure, among the requirements of the order of committal for trial, provides for a summary indication of the sources of evidence and the facts to which they refer (letter d). According to the “communis opinio”, it is a regulatory provision that mainly fulfils a requirement to provide guarantees to the defendants, enabling them to understand the charges pressed against them in an exhaustive and precise manner. However, in view of the practice implemented by some g.u.p. (preliminary hearing judges) to give ample reason for the committal for trial — i.e. providing a careful evaluation of the elements gathered during the investigation phase and the preliminary hearing in order to assess the merits of the charges (now to be understood as a reasonable expectation of conviction) — a very important and now unavoidable question arises, namely to identify the consequences of this “anomaly” and, in particular, to test the possible remedies so that the outlined guarantee of defence does not result in a "pre-judgment" on the guilt of the accused in the eyes of the trial judge, especially in the present and future time, given the recent amendment of the judgment rule governing the preliminary hearing.
Giugni I., Nullum crimen sine lege and the Warnings given by the Italian Constitutional Court to the Parliament, p. 427 ss.
This paper deals with the warnings given by the Italian Constitutional Court to the Parliament. It discusses whether the Court's decisions, which contain suggestions and guidance aimed at resolving legislative issues in accordance with the Constitution, can be used in criminal matters.
CASES AND COMMENTS
TRINCHERA T., A stubborn non-sequitur. The remedial purposes of value-based confiscation and its alleged punitive character., p. 467 ss.
Taking inspiration from a recent decision of the Italian Supreme Court sitting en banc, this article criticizes the various arguments that lead Italian case law to consider value-based confiscation of the proceeds of crimes so punitive in nature as to constitute criminal punishment. The article suggests a different theoretical approach to value-based confiscation and discusses the relevant practical consequences of such approach.
SPECIAL “THE NEW PATHS OF THE PENALTY SYSTEM BETWEEN THE SEARCH FOR EFFICIENCY AND GUARANTEES” - 10th National Conference of the Italian Association of the Professors of Criminal Law (Milan, 23/24 September 2022)
Cartabia M., Opening Remarks, p. 491.
Palazzo F., Aims and guiding values of the reform of the penalty system, p. 497.
Bartoli R., Brief considerations on deflationary justice as a general concept and in the Cartabia reform, p. 511.
Brunelli D., Deflationary Justice and Prosecution on Compliant under the Cartabia Law, p. 525.
Paliero C.E., Harm Principle and Decriminalization: the Italian Formula for “Petty Offences”, p. 535.
Mazzacuva N., Alternative sanctions and fines (introduction), p. 553.
Gatta G.L., The Cartabia Reform and the Penalty System: between Efficiency and Enforcement and Effectiveness of Penalties, p. 561.
Gaeta P., Reasoning on some Oxymorons in the Alternative Penalties Legislative Reform, p. 573.
Risicato L., The reform of alternative punishments: between many advantages and some asymmetries, p. 585.
Manes V., Introduction to the Session “The Crux of the Statute of Limitations”, p. 595.
Aprile E., Criminal Statute of Limitations and dismissal of criminal charges: brief remarks on some challenging issues, p. 597.
Ferrua P., The crux of the statute of limitations: Phantasmagoria of preclusion of claim, p. 607.
Giunta F., Statute of limitation as a deflationary medium: an update, p.617.
Maiello V., Investigations and Preliminary Hearing before the Mirror of the Rule of Law, p. 625.
Ceresa Gastaldo M., The interconnections between substantive and procedural rules, p. 635.
De Francesco G., Restorative Justice: a View from the Bridge, p. 643.
Mannozzi G., Restorative justice: brief notes on context, discipline, and transformative effects, p. 649.
Castellano L., Restorative Justice, p. 659.
Dolcini E., The Cartabia Reform: (Almost) a Miracle that has Nothing Supernatural about It, p. 665.
Fiandaca G., The Cartabia Reform: its Significance in the Interrupted Development of Systemic Reforms, p. 671.
Fidelbo G., A courageous Reform aimed at reducing the Focus on Prison Sentencing, p. 679.
Grasso G., The new Penalty System after the Cartabia Reform, p. 685.
Pelissero M., A Reform between Ambitious Goals and System Resistances, p. 699.
DISCUSSIONS Abolish the crime of torture? A multi-voice dialogue
Dolcini E., The Vietri Bill and the Troubled Fates of Torture Incriminations, p. 729.
Giostra G., Normative Regurgitation, p. 733.
Cocco G., The Issue of the Crime and Prohibition of Torture in States governed by the Rule of Law, p. 737.
Cornelli R., Supporting the Untenable. A Critical Analysis of the Arguments supporting the Proposed Repeal of the Crime of Torture, p. 745.
Meloni C., Torture between Domestic Law and International Obligations of Incrimination, p. 751.
Pavarin G.M., Abolition of the Crime of Torture: Brief Critique of the Feeble Reasons for a Highly Questionable Proposal, p. 759.
In addition to the usual reviews of constitutional and supranational jurisprudence, this volume of the Journal also includes reviews of the following monographs in the Books Review:
Caletti G.M., Dalla violenza al consenso nei delitti sessuali. Profili storici, comparati e di diritto vivente, Bologna University Press, Bologna, 2023, pp. 505. (Jorge Fernandez Mejias)
Morao H., Tavares Da Silva R., (a cura di), Fairness in Criminal Appeal. A critical and interdisciplinary Analysis of the ECtHR Case-Law, Springer, Cham, 2023, pp. 213. (Gaia Caneschi)
Visconti A., Problemi e prospettive della tutela penale del patrimonio culturale, G. Giappichelli Editore, Torino, 2023, pp. 464. (Gian Paolo Demuro)