Pena "illegale", giudicato, Corte Europea: dall'affare "Scoppola c. Italia" alle Sezioni Unite "Ercolano"

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

The crisis of the principle of intangibility of the judged constitutes the starting point of an analysis that concerns the well-known dictum "Scoppola v. Italy", with which the principle of retroactivity of the lex mitior was established at the conventional level. There are many implications on the level of jurisprudence, whose sentences are reviewed in order to return a scenario that opens up to the control of the legality of the sentence in executivis, expression of the new directives devoted to the necessary flexibility of the judgment.
Original languageItalian
Title of host publicationRegole europee e processo penale - II edizione
Pages387-413
Number of pages27
Publication statusPublished - 2018

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