Credits to
Roberto Bonfanti

The code reserve principle: an unfit attempted reform

Analysis about the impact of art. 3-bis c.p. on Italian criminal law system after almost three years from its introduction

Issue 4/2021

Abstract. The purpose of this essay is to analyse the code reserve principle ex art. 3-bis c.p., explaining its ratio, critically sides and some more issues that this new principle brings to the attention of the Courts.
Finally, concluded this recognition, the essay analyses some recent criminal laws, verifying if they respect the code reserve principle.

SUMMARY: 1. Introduction. – 2. The Legislative Decree 1 march 2018, no. 21: a general view. – 3. The transposition in the criminal code of the crimes contained in special legislation.  – 4. The guiding principle of the code reserve. – 5. The legislative intervention after the introduction of code reserve principle.  – 6. Conclusions.


To read the Reflection, click on “open file”.


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