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SUCCESSION OF LEGISLATION AT PENAL LEVEL IN TIME

On the basis of Article 25, paragraph 2, of the Italian Constitution, "no person can be imposed a penalty if not on the basis of a legitimately applied legislative provision before having committed the crime".

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Such a fundamental constitutional element is used and explained by Article 1 of the Criminal Code by which "no one can be imposed a penalty for an action that is not declared to be unlawful by the law, or with convictions that are not established by the same ".

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Art. 2 penal code, mainly, regulates the rules of the succession of legislative systems at criminal level over time.

There are three cases of succession of legal systems at criminal level over time: 1) Recent charges: the legislation in force regulates a new offense; 2) Cancellation of previous charges: the legislation in force annuls an offense; 3) Recent regulations only amending: the legislation in force changes the remuneration of the sanction.

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The first case is that through which the recent legislation awaits the conviction for a fact that, previously, was not assessed as illicit: therefore, in this situation, Art. 2 of the Criminal Code, paragraph 1, presumes that "no person can be imposed a penalty for an action that, for the legislation in force at the time it was performed, did not represent an offense".

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The second case, while, is the one in which the recent legislation annuls the conviction for an action that, previously, was illegal: therefore, in this situation, Art. 2, paragraph 2, presumes that "no one can be imposed a penalty for an action that, for the later legislation, does not represent an offense, and if a sentence has been imposed, the executive act and the consequences at the level are suspended criminal".

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In this situation a real "feedback" of the more compliant penal law is realized, with the obvious exception of Art. 11 of the pre-laws, for which "Legislation has no provisions for the future: the same does not have the value of the feedback".

The third case, however, is that for which the recent legislation transforms the offense in a more or less compliant manner to the guilty: in this last situation the most compliant law is applied, after evaluations of previous judgments (see Article 2) , paragraph 3, of the penal code).

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It is also noted that the Art. 2, paragraph 4, of the Criminal Code, does not allow the extraordinary laws (ie issued in exceptional and / or abnormal circumstances, such as wars, pandemics, earthquakes and so on), the provisional laws (ie those for which there is a limited duration) and those at the financial level are retroactive.

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THE ATTEMPT

The current legal system does not provide penal sanctions only for those who commit an illegal act (illicit committed); it is explicitly expected, in reality, that he who has tried to commit a crime (attempted crime) is also condemned. In effect, the legislation condemns both those who commit an offense, and those who attempt to commit a crime.

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There is talk of illicit committed when the act is committed or when it occurs. In reality, sometimes the mere fact or negligence is necessary to ascertain the occurrence of the offense (such as not having helped, Article 593 of the Criminal Code), but in other cases it is useful for the fact to happen (as the crime of murder that happens when the death event happens).

The attempted murder, which is explicitly regulated by the Art. 56 penal code, is expected only for crimes, not for fines (reference to differences between crimes and fines).

For the law the attempt is valid when a person commits suitable actions aimed unequivocally to commit a crime.

The person who carries out an attempted crime is almost always condemned with the punishment fixed for the same crime diminished by a third to two thirds (see Article 56 para.p.). Returning to the murder, if the death occurs the culprit will be in any case accused of attempted murder (see references on the attempted murder) as it has implemented specific actions with the unequivocal intention to kill a subject.

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Contact us in case of detention or criminal or civil problems. The law firm in London, New York, La Vegas, Rome, Naples, Milan, Italy, Germany, Spain, France and has over 15 foreign branches, is directed towards criminal and international law, a format for criminal lawyers mainly deals with the defense of people accused of crimes penalties such as drug trafficking, financial and economic crimes, white-collar crimes, murder, violence, rape and any type of crime. Contact us now for effective criminal defense.

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