Cassation Court annuls appellate sentence regarding accessory bankruptcy penalties fixed by law after constitutional invalidation.
Sintesi Legislator
Generato dall'IAThe Court of Cassation annulled the appellate judgment solely concerning the fixed duration of accessory bankruptcy penalties, ruling them illegal due to a prior constitutional invalidation. The appellant argued that the lower court failed to adjust these penalties despite the constitutional ruling, while the defense contended the fixed terms were unlawful. The court held that accessory penalties must be re-determined by the appellate judge when the main sentence is reduced, overriding the previous fixed statutory measure.
Regesto Legislator
Generato dall'IAArt. 599-bis c.p.p.; Art. 448, comma 2-bis c.p.p.: When an appellate court reduces the main sentence based on a party agreement, it must automatically re-determine accessory penalties that were previously fixed by law and rendered unconstitutional, even if the parties did not explicitly agree to this adjustment.