The following contribution analyzes the juridical questions recently set by the italian Constitutional Court with the Sentence nº 200/2016 in the matter of procedural bis in idem and formal concurrence of crimes, which declare illegitimate the art. 649 CPP italian in the part that excludes the fact that is the same only by circumstance there is a formal concurrence between other crimes already processed with final judgment and the crime for which began the new criminal procedure. We ask ourselves, therefore, in what limits the purpose pursued by justice, in some cases, prevail over the stability of the procedural safeguards concerning the double jeopardy prohibition.
A decisão da Corte constitucional italiana no “caso Eternit-bis”: questões novas sobre as relações entre bis in idem processual e concurso formal de crimes? / CAPPARELLI, B; VASCONCELLOS, VG. - In: REVISTA DE ESTUDOS CRIMINAIS. - ISSN 1676-8698. - STAMPA. - 17:(2018), pp. 129-151.
A decisão da Corte constitucional italiana no “caso Eternit-bis”: questões novas sobre as relações entre bis in idem processual e concurso formal de crimes?
CAPPARELLI, B;
2018
Abstract
The following contribution analyzes the juridical questions recently set by the italian Constitutional Court with the Sentence nº 200/2016 in the matter of procedural bis in idem and formal concurrence of crimes, which declare illegitimate the art. 649 CPP italian in the part that excludes the fact that is the same only by circumstance there is a formal concurrence between other crimes already processed with final judgment and the crime for which began the new criminal procedure. We ask ourselves, therefore, in what limits the purpose pursued by justice, in some cases, prevail over the stability of the procedural safeguards concerning the double jeopardy prohibition.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
