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Italy: Expansion of Urban DASPO Measures and Powers to Dissolve Provincial and City Councils in Cases of Mafia Infiltration Ruled Unconstitutional

(Sept. 6, 2019) On July 24, 2019, the Italian Constitutional Court declared unconstitutional article 21-bis, paragraph 2(a) of Decree-Law No. 113 of October 4, 2018 (D.L. No. 113), thereby invalidating the expansion of urban DASPOs to protect public decorum and safety on the grounds that such expansion violates the constitutional right to health. (Decision No. […]

Italy: Mandatory Confiscation in Security Violation Ruled Unconstitutional

(Aug. 16, 2019) On March 6, 2019, the Italian Constitutional Court declared unconstitutional article 187-sexies of Legislative Decree No. 58 of 1998, which provides for the mandatory confiscation of the proceeds of an insider trading offense and the instruments used to commit it. (Decision No. 112 of March 6, 2019 (the Decision) (in Italian).) Background […]

Sweden: Supreme Court Defines Negligent Rape

(July 17, 2019) On July 11, 2019, Sweden’s Supreme Court issued its first judgment in relation to the country’s amended rape legislation, finding that a defendant had been negligent in having intercourse with a woman for not being sure that she was participating freely. (Högsta Domstolen [Supreme Court], Case No. B 1200-19 (July 11, 2019).) […]

Italy: Law on Legitimate Defense in Criminal Cases Enters into Force

(June 10, 2019) On May 18, 2019, a new law amending Criminal Code provisions on legitimate defense in criminal cases entered into force in Italy. (Law No. 36 of April 26, 2019, Amending the Criminal Code and Other Provisions on Legitimate Defense) (Law No. 36), GAZZETTA UFFICIALE [G.U., OFFICIAL GAZETTE], May 3, 2019, G.U. website […]

Italy: Revocation of Driver’s License in Cases of Vehicular Homicide Ruled Unconstitutional

(May 28, 2019) On April 17, 2019, the Italian Constitutional Court declared unconstitutional a provision of Legislative Decree No. 285 of April 30, 1992 (New Traffic Code) because it did not provide for an alternative administrative penalty of suspending the driver’s license of persons convicted of vehicular homicide (omicidio stradale) and causing serious traffic injuries […]

Italy: Legal Provision Not Allowing Home Detention Ruled Unconstitutional

(May 16, 2019) On April 19, 2019, the Italian Constitutional Court declared unconstitutional article 47-ter, paragraph 1-ter of Law No. 354 of July 26, 1975, because it failed to provide for humanitarian home detention for convicted prisoners experiencing supervening serious mental illnesses. (Decision No. 99 of April 19, 2019, Issued in a Constitutional Legitimacy Case […]

Germany: Criminal Law Amendment Allows Doctors to Inform Public of Abortion Services

(Apr. 22, 2019) On March 29, 2019, an amendment to the German Criminal Code entered into force, clarifying in a new paragraph 4 that doctors, hospitals, and other institutions may, without fear of criminal prosecution, provide objective information that they perform abortions in cases allowed under the Criminal Code. In addition, they may refer to information […]

Italy: Constitutional Court Issues Decision on Illicit Trafficking and Possession of Drugs or Psychotropic Substances

(Apr. 15, 2019) On March 13, 2019, the Italian Constitutional Court issued a decision on the production, trafficking, and illicit possession of narcotic and psychotropic substances, declaring part of article 73(1) of Presidential Decree No. 309 of 1990 (D.P.R. No. 309) unconstitutional in that it set the minimum sentence for such crimes at eight years of […]

Italy: New Anti-Corruption Legislation Comes into Force

(Feb. 26, 2019) On January 31, 2019, new legislation introducing amendments to the Italian Criminal Code aimed at preventing and punishing corruption involving public agencies entered into force. (Law No. 3 of January 9, 2019, Measures to Combat Crimes Against the Public Administration, as well as on the Statute of Limitations for Crimes and the […]