Italian Supreme Court's United Chambers: revocation of the civil statutes in case of statute of limitations for the crime
22-10-2022
The United Chambers of Italian Supreme Court affirmed that the judge of appeal who, in pronouncing a declaration of extinction of the offense by statute of limitations, reaches the conclusion - both on the basis of the simple "observation" of an error in which the judge of first instance has made, and as a result of differing "evaluations" - that the extinguishing cause matured before the first instance sentence, must revoke the civil provisions contained therein.
The case concerns a hypothesis in which the Court of Appeal, recognizing the extenuating circumstances prevailing over the aggravating circumstances, had declared the crime extinguished due to the statute of limitations accrued on a date prior to the conviction decision handed down by the Court, revoking the civil rulings.
Supreme Court of Cassazione - Criminal Joint Chambers - Judgment n. 39614 hearing 04/28/2022 - filing of 10/19/2022
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