Prescription, the first yes to the reform arrives from the Chamber
The prescription reform was approved in the House with 173 yes and 79 no. Now the text passes to the Senate. The provision provides for a new suspension of the statute of limitations after the first degree conviction, for a maximum of two years, and after the appeal sentence confirming the first degree conviction for a maximum of one year.
The majority rejected the amendments presented by the Democratic Party to the bill examined in the Chamber. The opposition instead voted unanimously in favour. The rapporteur Enrico Costa, a member of Action, had also opposed the request to set aside the proposed amendments made by the Dem parliamentarians. Among the rejected amendments was also a proposal from the 5 Star Movement which in fact “implements the request of the Minister of Justice Carlo Nordio to make the statute of limitations start from the day of registration of the crime report” and no longer from the moment of the commission of the crime.
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Prescription, this is how the reform works
The reform discussed in the Chamber is the result of theunification of four proposals. It plans to reform the prescription, returning to a mechanism similar to that of Andrea Orlando's reform, in force from August 2017 to the end of 2019: the period of extinction of the crime remains suspended for a period not exceeding two years in first instance and for a period not exceeding one year in appeal. The law passed by the then Minister of the Seals of Matteo Renzi's government instead provided for an 18-month stop. The period of suspension is in any case counted for the purposes of the statute of limitations in the case of exceeding the suspension periods established for the pronouncement of the appeal sentence, acquittal of the accused or cancellation of the conviction sentence.
This is the fourth legislative intervention in seven years on the subject of prescription. After Orlando in 2017, in fact, the Alfonso reform was launched Bonafede in 2019: it blocked the passage of the deadline for extinguishing the crime to the first degree sentence. Then Marta arrived Cartabia which had introduced the inadmissibility mechanism: in practice the process is blocked if it is not concluded within two years in the Appeal and twelve months in the Court of Cassation.
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