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Case Law 239/2009 (16/07/2009)

Type: Judgment

Authority: National Courts: Supreme Courts (Italy) - Corte costituzionale

Date: 07/16/2009

Subject: The Constitutional Court has deemed inadmissible the question of constitutional legitimacy concerning art. 44, par. 2°, of law n. 380 of 06/06/2001, which provides that, within a criminal proceeding, in case of unlawful lotting, there is the obligation of confiscation of lands and constructions illegally built also with regard to persons not involved in the crime; the Court of Strasbourg’s decision on the claim concerning the case Punta Perotti cannot be recalled in the present case.

Original language: Italian

Classification: Justice - Art. 49 Principles of legality (nullum crimen, nulla poena sine lege; lighter penalty)

Text download Italian