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18/02/2020 -
European Authorities: European Court of human rights
Classificazione: Justice - Art. 49 Favor rei
The judgment on the legitimacy of the non application of the more lenient new law on grounds of the lack of the circumstances provided for by the said law ...
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07/08/2018 -
European Authorities: Euopean Union' Court of Justice
Classificazione: Justice - Art. 49 Principles of legality (nullum crimen, nulla poena sine lege; lighter penalty) - Favor rei
The Court affirmed that the principle of the retroactive application of the more lenient criminal law enshrined in the third sentence of Article of the Charter of Fundamental Rights of the European Union does not ...
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12/07/2016 -
European Authorities: European Court of human rights
Classificazione: Justice - Art. 49 Favor rei - Irretroactivity of criminal law
The judgment on the case of a person sentenced to life imprisonment for aggravated murder after the decision of the Constitutional Court which stated the constitutional illegitimacy of the death penalty three months after such ...
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14/04/2015 -
European Authorities: European Court of human rights
Classificazione: Justice - Art. 49 Principles of legality (nullum crimen, nulla poena sine lege; lighter penalty) - Favor rei
The judgment according to which the principles that the criminal law may not be applied retroactively and must be foreseeable were not respected in this specific case since aiding and abetting a mafia-type organisation from ...
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16/09/2014 -
European Authorities: European Court of human rights
Classificazione: Justice - Art. 47 Previously established by law - Art. 48 Presumption of innocence - Art. 49 Principles of legality (nullum crimen, nulla poena sine lege; lighter penalty) - Favor rei
The judgment on the sentence against the applicant for having fished within the Romanian exclusive economic zone in breach of the UN Convention on the Law of the Sea which was not sufficiently foreseeable ...
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10/01/2014 -
National Courts: Supreme Courts (Italy) - Corte di cassazione
Classificazione: Justice - Art. 49 Favor rei
The decision in the matter of conversion of life imprisonment into a years imprisonment sanction recalls the decision of the Court of Strasbourg in the case Scoppola ...
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08/01/2013 -
European Authorities: European Court of human rights
Classificazione: Justice - Art. 47 Fair trial, public hearing - Art. 49 Criminal Law - Favor rei - Proportionality of penalties
The decision with which the Court established that Latvian courts should have examined the complaint of a man convicted of drug offence that he had been incited by an undercover police agent to commit such ...
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More considerations on the decision of the Constitutional Court n. 230/2012 - post scriptum
31/10/2012 -
Antonio Ruggeri
Classificazione: Justice - Art. 49 Favor rei
The Author offers more considerations on the decision of the Italian Constitutional Court n ...
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12/10/2012 -
National Courts: Supreme Courts (Italy) - Corte Costituzionale
Classificazione: Justice - Art. 49 Favor rei
The decision in the matter of criminal res iudicata following the variation of the jurisprudence on the liability to punishment of crimes examines the jurisprudence of the Court of Strasbourg on article of the ECHR ...
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Retroactivity of the regime of the “amended” debarment according to the Constitutional Court, and guarantee on the applicability of the lex mitior in the jurisprudence of the ECHR: an example of “creative” interpretation of art. 7 of the Convention
16/10/2011 -
Fabio Maria Ferrari
Classificazione: Justice - Art. 49 Favor rei
The Author comments on the decision of the Constitutional Court n on the retroactivity of the most favourable law in the matter of debarment in the light of the jurisprudence of the Court of Strasbourg ...
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