further remarks on the impact of administrative judgments in criminal proceedings

Abstract

The essay deals with the issue of the effects of the judicial review of administrative acts in the criminal process. The influence of administrative sentences is apparently denied by art. 2 and 3 c.p.p. but often recognized by criminal courts. First of all, the essay analizes the principles which would require that res judicata be given “preclusive effect” of administrative sentences. Both the protection of legitimate expectations as regards the favourable consequences of the administrative judgment and the principle of “non contradiction” between different sentences are criticised. It is proposed to fix the issue by the point of view of the effects of the administrative sentence: they are “erga omnes” in relation to the established illegality or legitimacy of the conduct by the public administration and “inter partes” in relation to the other consequences of the res judicata. The last part of essay deals with the issues of the consequences in malam partem of the administrative judgment, justifying it in relation to the autonomy of the criminal court with regard to the assessment of the objective and subjective profiles of the offence.