La prescrizione nel sistema penale portoghese e le garanzie dello Stato di Diritto

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Abstract

The statute of limitations has been challenged in the last decades by the existence of complex criminal cases that motivate longer investigations, by the anticipation of criminal intervention (transformation of crimes of result into crimes of danger), by more complex law techniques and by the fragmentation of the relevant facts. In three crimes this difficulty is felt in particular: abuse of fiscal trust, corruption and fraud to get subsidies. The public health emergency legislation that was created in March 2020 was another step in this complexity, having divided doctrine and jurisprudence on the compatibility of such solutions with the constitutional criminal guarantees. A problem to which a recent decision by the Portuguese Constitutional Court gave an answer, similar to that offered by the Italian Constitutional Court.
Original languageItalian
JournalDiritto Pubblico Comparato ed Europeo
Volume49
Issue number4
Publication statusPublished - Jan 2022

Keywords

  • statute of limitations
  • the principle of legality
  • prohibition of retroactivity
  • trust
  • public health emergency

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