Type: Judgment

Authority: National Courts: Supreme Courts (Italy) - Corte Costituzionale

Date: 11/08/2006

Subject: : Favourable criminal law provisions (unequal treatment in punishment). Principle of retrospectivity of the more favourable provision. Reference is made to art. 49 of the Nice Charter in support of the judgment "since it contains principles common to European legal orders". Constitutional unlawfulness of provisions that introduce a lighter penalty resulting in different treatment between analogous situations that is unjustified.

Original language: Italian

Classification: Art. 49 Criminal Law - Principles of legality (nullum crimen, nulla poena sine lege; lighter penalty) - Favor rei - Irretroactivity of criminal law

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Notices: Effectiveness of the Charter
Citation of art. 49 of Nice Charter, "since it contains principles common to European legal orders".