Il reato progressivo: attività delittuosa dinamica e rischi di oversanctioning nel prisma del reato complesso

The article examines the concept of progressive crime (reato progressivo), a legal construct that lacks explicit codification and is therefore subject to divergent interpretations within both legal doctrine and case law. While case law tends to manipulate the category by using it in the context of the commission of the offence, classical legal doctrine—albeit with varying approaches—typically situates it within the framework of apparent concurrence of norms. Progressive crime appears to share several characteristics with the notion of complex crime (reato complesso), particularly with the so-called eventually complex crime (reato eventualmente complesso). This latter concept, which focuses on the relationship between concrete historical facts rather than abstract statutory provisions, may serve as a useful tool for identifying apparent concurrence beyond the rigid boundaries imposed by the principle of specialty. To assess the practical relevance of the category, the article analyses recent case law concerning family abuse and torture. The Court of Cassation consistently acknowledges the material concurrence of these offences. However, in cases marked by a clear escalation in severity and functional continuity of the criminal conduct, the notion of progressive crime may offer a more robust dogmatic framework than value-based criteria. This approach could help avoid disproportionate penal burdens and ensure the imposition of a sentence that reflects the substantive unity of the ongoing criminal action.