Prescrizione del reato e ragionevole durata del processo: princìpi da difendere o ostacoli da abbattere?

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Abstract

[automatically translated] The issue of prescription is particularly felt in our country, where a significant number of criminal proceedings are concluded, unfortunately, with the extinction declaration of the crime in that case. In this paper it reflects critically on the recent trend - further practicable, in light of known sentence Taricco - to increase the terms-limits to avoid such an outcome, certainly not desirable. In particular, it is reflected in the protective nature and liberal foundation of the prescription and the emphasis on the need to shorten the time of the criminal proceedings, rather than stretch the length of limitation periods, as a non-weighted recommend reform; such a choice would result, in fact, the consequent further sluggishness of our criminal justice, with late reparation for the victims of the crime and interventions are not always able to re-educate the offender, and with effects even economically negative for the state. Therefore, also in light of recent and shared decisions of the Constitutional Court, they will call for targeted interventions on the side processualpenalistico, of the regulated directions and also on the substantive criminal law plan can affect the intolerable length of the Italian criminal proceedings.
Original languageItalian
Pages (from-to)79-87
Number of pages9
JournalDIRITTO PENALE CONTEMPORANEO
Publication statusPublished - 2016

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