Prescrizione del reato, inammissibilità dell'impugnazione e reato continuato: un nodo gordiano
Academic Article
Publication Date:
2018
Short description:
Prescrizione del reato, inammissibilità dell'impugnazione e reato continuato: un nodo gordiano / Porcu, Francesco. - In: PROCESSO PENALE E GIUSTIZIA. - ISSN 2039-4527. - 3(2018), pp. 617-670.
abstract:
The vexata quaestio related to the link between declaratory ex art 129 c.p.p. and the issue of unacceptability of any challenge is involved with the issues underpinning with the structure objectively cumulative of the sentence
and furthermore recognising the lien of the entail ex art. 81 paragraph 2, c.p., bringing up the possible question
about the chance, for the judge ad quem, to evaluate the potential causes of unacceptability (at large), particularly
by expiry of the statute of limitations period – not only related for the charges regarding the topic above, but for
everything gripped by the same crime, because of the appeal unacceptability. The contribution, in the attempt to
shed light to the de quo question, assesses preliminary in the difficult juridical path, which led the law to remove
the dissimilarity between original causes, and causes incurred with the appeal unacceptability. Those are currently
into a uniformed category (generally) prohibitive compared to the declaration ex art. 129 c.p.p.; analysing the pro cedural statute of ongoing corruption, regarding each institute regulated by Code of criminal procedure, which
give attention on that unique hypothesis about participation of any offence. Furthermore, this will give the chance
to evaluate, after systematic approach analysis, and corroborate the final conclusion under which that bound between them is not suitable to determine a “positive contamination” of matter of judgement
and furthermore recognising the lien of the entail ex art. 81 paragraph 2, c.p., bringing up the possible question
about the chance, for the judge ad quem, to evaluate the potential causes of unacceptability (at large), particularly
by expiry of the statute of limitations period – not only related for the charges regarding the topic above, but for
everything gripped by the same crime, because of the appeal unacceptability. The contribution, in the attempt to
shed light to the de quo question, assesses preliminary in the difficult juridical path, which led the law to remove
the dissimilarity between original causes, and causes incurred with the appeal unacceptability. Those are currently
into a uniformed category (generally) prohibitive compared to the declaration ex art. 129 c.p.p.; analysing the pro cedural statute of ongoing corruption, regarding each institute regulated by Code of criminal procedure, which
give attention on that unique hypothesis about participation of any offence. Furthermore, this will give the chance
to evaluate, after systematic approach analysis, and corroborate the final conclusion under which that bound between them is not suitable to determine a “positive contamination” of matter of judgement
Iris type:
1.1 Articolo in rivista
Keywords:
Prescrizione, inammissibilità, impugnazione, reato continuato
List of contributors:
Porcu, Francesco
Published in: