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קטגוריה: Law – English

it is law. The majority is struggling

The penal reform became law with strokes of confidence after the Senate , but the House has approved a bill that was able to complete his journey in Parliament almost after almost four years. Montecitorio first confirmed the confidence of the Gentiloni government with 320 yes, 149 no and one abstention. But the discomfort within the majority came out at the time of the vote […]

Criminal law: principles and disciplines

In the entry dedicated to Retroactivity of the more favorable penal law published in The book of the year of law 2012 we pointed out among the still open questions the problem if the principle in question also operates with respect to mere jurisprudential changes more favorable to the offender.  In presenting this last issue, we were considering a question of constitutional […]

The foundation of the retroactivity of the favorable criminal law

The retroactivity of the favorable law constitutes an exception to the principle Pursuant to art. 11 available prel.: Absolutely legitimate derogation given the rank of ordinary law of That principle. Problem Posed by favorable retroactivity: if this principle Should be given constitutional rank even in the silence of the Constitution, as the constitutional rule has […]