Succession of criminal laws must enforce the law in force at the time of the conduct

The fact and the reasons given in the appeal to the Supreme Court With a decision passed on 06/26/2017, at the outcome of the hearing in the board of directors set pursuant to art. 447 cod. proc. pen., the judge of the preliminary investigations of the Court of Prato applied to FP the sentence agreed […]

The judge and the criminal law

1. The system of sources. The primacy of the general and abstract norm The judge-law report, to which the monographic issue of Justice Issue 4/2016 is dedicated [1] , is a question that concerns the structure of the legal system . If it is discussed much, the language used lends itself to convey different meanings […]

The foundation of the retroactivity of the favorable criminal law

Provide for the principle of retroactivity favorable: the co. 2 Establishes the retroactive effectiveness of the so-called abolitio criminis: if the repeal of a previous incriminating rule under Whose validity Has Been Committed, the author can no longer be convicted and, if the sentence has Already intervened, they cease execution and all criminal effects. The […]