Decision of the Court of Cassation, I Criminal Section, No. 24834 of 22 September 2016

In:

Diritto penale contemporaneo

Abstract

The ascertainment by the Constitutional Court of the illegitimacy of a norm that repealed a criminal provision cannot have as a retroactive effect to allow prosecuting a crime under said provision. This effect would be in contradiction with the favor rei principle (Article 7 of the ECHR) as interpreted by the ECHR Court, which Italian courts must conform with.

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