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Issue 3/2021

Abstract. The contribution aims to analyze some important aspects of the Constitutional Court’s sentence n. 1/2021. The ruling, which concerned the judgment on the constitutional legitimacy of art. 76 comma 4-ter of d.P.R. n. 115 of 30 May 2002, is an opportunity to reflect on the issue – as delicate as it is topical – of the protection of the person offended by crimes relating to personal and sexual self-determination. The Council considered not only legitimate, but indeed necessary, those guarantees which, on several fronts, meet the requests connected with their condition of particular vulnerability, including the right to legal aid, even in the absence of the required conditions from the general discipline.

SUMMARY: 1. Preamble. – 2. The genesis of the case. – 3. The “living law”. – 4. The ratio of the rule under scrutiny. – 5. The evolution of art. 76 par. 4-ter t.u.s.g. – 6. Concluding remarks.


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


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