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With reference to the assignment procedures, without the constitutive assessment of the judge of the criminal execution, the extinction of the crime cannot be considered automatically subsistent, due to the mere passing of time.

With regard to the correct identification of the hypotheses in which the declaration of extinction of the crime becomes relevant for the purposes of participation in public procedures, with sentence no. 1189 of last August 7th, the Tar Bari clarified the scope of application of the provisions contained: i) at the end of the art. 38, paragraph 1, lett. c) Legislative decree 163/2006. This article establishes that the causes of exclusion provided for therein do not operate "when the offense has been decriminalized; when the rehabilitation took place; when the offense was declared extinguished after the conviction; or in case of revocation of the sentence itself". ii) In the subsequent art. 38, paragraph 2, where consequently exonerates the competitor from declaring any criminal convictions in the presence of the aforementioned conditions.