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Italy: Constitutional Court Declares Revocation of Certain Criminal Offenders’ Driver’s Licenses Unconstitutional

(July 2, 2020) On May 29, 2020, the Italian Constitutional Court issued a decision declaring unconstitutional a provision of the New Highway Code that established the automatic revocation of certain criminal offenders’ driver’s licenses. (Decision No. 99 of May 27, 2020.) Background of the Case The regional administrative court (Tribunale Amministrativo Regionale, TAR) for Italy’s […]

Italy: Decree-Law Institutes Alternative Penitentiary Measures to Combat Covid-19 Pandemic

(June 10, 2020) On May 11, 2020, Decree-Law No. 29 (D. L. No. 29), which had been issued the previous day by the president of Italy to institute new penitentiary measures aimed at reducing COVID-19 infections in prisons, took effect in the country. Measures on Home Detention and Postponement of Sentencing Under the new decree-law, […]

England and Wales: New Powers to Prevent Knife Crime to Be Piloted Across London

(Mar. 25, 2020) On March 4, 2020, the government of England and Wales introduced new Knife Crime Prevention Orders (KCPO) under part 2 of the Offensive Weapons Act 2019 as a pilot program to provide police throughout the London metropolitan area with greater powers to help prevent knife crime. KCPOs are preventive civil orders and […]

Italy: Provision of Regional Basilicata Law Granting State Legal Aid to Certain Criminal Defendants Ruled Unconstitutional

(Mar. 3, 2020) On November 19, 2019, the Italian Constitutional Court declared the unconstitutionality of article 7, paragraph 2 of Law No. 45 of the Basilicata Region, which granted legal assistance to certain criminal defendants. (Decision No. 285 of November 11, 2019  (the Decision) (in Italian).) Request for Declaration of Unconstitutionality  The President of the […]

Italy: Reform of Statute of Limitations in Criminal Cases (“Bonafede Reform”) Takes Effect

(Feb. 21, 2020) On January 1 2020, article 1 of Law No. 3 of January 9, 2019 (Legge 9 gennaio 2019, n. 3) (Law No. 3)—named the “Bonafede reform” after Italian Minister of Justice Alfonso Bonafede—entered into force. The provision amends article 159, paragraph 2 of the Criminal Code to introduce a controversial suspension of […]

Peru: President Enacts Decree Changing Requirements for Foreigners Convicted of Crimes to Serve Sentences Abroad

(Jan. 31, 2020) On January 23, 2020, the president of Peru, Martín Vizcarra, with the approval of the Council of Ministers, enacted Emergency Decree 018-2020 to change the prerequisites for foreigners to serve a Peruvian criminal sentence in their own country. (Decreto de Urgencia 018-2020 (DU 018-2020) que Optimiza  los Criterios y Requisitos para que […]

Mexico: Executive Branch to Propose Criminal Justice System Reforms to Senate

(Jan. 27, 2020) On January 15, 2020, the Mexican Senate announced that it will receive a proposal from the executive branch aimed at comprehensively reforming aspects of Mexico’s criminal justice system in an effort to improve its performance. The proposal will be formally filed and text of the proposed bills released on February 1, 2020, […]

European Court of Justice: Court Confirms French, Belgian, and Swedish Prosecutors Can Issue European Arrest Warrants

(Jan. 17, 2020) In a series of decisions issued on December 12, 2019, the Court of Justice of the European Union (EU) confirmed that the public prosecutor’s offices of France, Belgium, and Sweden could issue European arrest warrants on their own. These decisions were issued for cases C-625/19 PPU, C-627/19 PPU and, jointly, C-56ed76 6/19 […]

Belgium: Parliament Votes to Remove Statute of Limitations for Sexual Crimes Against Minors

(Dec. 19, 2019) On November 28, 2019, the Belgian Chamber of Representatives adopted a bill to remove the statute of limitations for “serious sexual crimes committed against minors” (délits sexuels graves commis sur des mineurs). Under articles 21 and 21bis of the current version of the Belgian Code of Criminal Procedure, the statute of limitations […]