La Corte costituzionale apre al divieto di retroattività del novum penitenziario in malam partem

Abstract

With a courageous judgment, the Constitutional Court extends the application scope of art. 25, par. 2, Cost. in the criminal enforcement sector. Censoring the living law, the Court states the prohibition of the retroactivity of the measures more afflictive introduced by law no. 3 of 2019 to convicts who committed the fact before its entry into force. The Author, after dwelling on the new paradigm of "European legality", retraces the salient passages of the decision, from which it draws the innovative message of the Judge of the laws.