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Comment to the sentence of the European Court of Human Rights, Grand Chamber, G.I.E.M. S.R.L. and others v. Italy (Rec. NN. 1828/06, 34163/07 E 19029/11)

Pelliconi, A. (2018). Comment to the sentence of the European Court of Human Rights, Grand Chamber, G.I.E.M. S.R.L. and others v. Italy (Rec. NN. 1828/06, 34163/07 E 19029/11). Giustizia - Rivista della Scuola Forense V. E. Orlando, pp. 1-8.

Abstract

On June 28, 2018 it has been published the sentence by the ECtHR on G.I.E.M. and Others v. Italy, concerning three different cases of unlawful site development. The Court condemned Italy for violation of art. 7 and 6.2 ECHR (respectively, principle of legality and presumption of innocence), and art. 1 Prot. I ECHR (right to property). The sentence entails clarifications on highly-debated themes such as confiscation in absence of any formal conviction, the relationship between responsibility and statutory bar, and corporate criminal liability. This essay aims at providing an overview on the decision in the light of the Italian legal framework.

Publication Type: Article
Additional Information: This is an open access article made available under a Creative Commons Attribution - non-commercial - No Derivative Works 4.0 International Licence.
Publisher Keywords: Corporate criminal liability; ECtHR
Subjects: K Law > K Law (General)
Departments: The City Law School > Academic Programmes
URI: https://openaccess.city.ac.uk/id/eprint/22755
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