La riforma della prescrizione tra diritti dell’imputato e della persona offesa: riflessioni dal punto di vista della Convenzione europea dei diritti dell’uomo

The article addresses the reform of the statute of limitations in light of the case law of the European Court of Human Rights. After discussing the role played by the statute of limitations in civil and criminal proceedings, the author specifically focuses on the questions relating to the reasonable duration of trials and to the need to balance the rights of the victim and those of the accused person. The author rules out the possibility of using the statute of limitations as a ‘compensation’ for possible infringements on the principle of reasonable duration of proceedings. She also maintains that the Strasbourg case-law should not be used as a systematic reference framework for the reform of the statute of limitations