What is the continued offense

The continued offense punishes whoever with more actions or omissions, executive than a same criminal design, also commits several violations of the same or different provisions of law at different times, with the penalty that should be inflicted for the reato more serious increased up to triple.
In other words, in order for the continuation constraint between different irrevocable sentences or between irrevocable sentences and pending judgments to be applied, he must ensure that the various offenses carried out are the result of the same criminal design.

What the Supreme Court says about the continued crime:

The Supreme Court with a recent sentence, on the basis of already consolidated decisions, affirms that the recognition of the bond of continuation between crimes to be judged is crimes already judged with a definitive sentence, it can also be requested for the first time during the oral discussion of the appeal judgment, provided that the sentence relating to the facts already judged has become final after the presentation of the reasons for the appeal.

It is not possible to discuss a violation of the law when the non-recognition by the Appeals Judges of the constraint of continuation with a crime already judged is due to the fact that the request has not been proposed with an appeal or the sentence for which the continuation is requested has not become irrevocable after the deadline for the filing of the appeal.

In other words, the continuation between judged crimes and crimes to be judged can be proposed as long as the appeal judgment is in progress, even in the final conclusions, provided that before the final conclusions the sentence concerning the crimes for which recognition is sought of the continuation bond had not yet become final.

Therefore, the request for the application of the criminal continuation in relation to an offense subject to a sentence of conviction that has become irrevocable can be requested even after the expiry of the term for proposing the appeal, because it is a request relating to an institution applicable at the time of execution. .

This derogation from the devolutive principle of the grounds of appeal, which allows you to present an application for continuation for the first time on appeal, even with the proposition of new reasons or in the context of conclusions, obligatorily requires that there be an objective impossibility of submitting the question to the Court of Appeal because the sentence became enforceable after the appeal.

In any case, even if the Court of Appeal does not examine the merits of the question regarding the existence of the continued crime, there is always the possibility of requesting the continuation of Judge of execution.
If, on the other hand, the sentence for which the accused asks for continuation has become irrevocable before the conclusion of the first instance judgment, it is imperative to request the application of the continuation constraint with the reasons for appeal, under penalty of inadmissibility.

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