Starting from the emergency legislation that has provided for the suspension of the statute of limitation related to criminal proceedings, the Constitutional Court in its judgment no. 140/2021 has faced with complex issues concerning the non-retroactivity of the unfavourable criminal law and the principle of legal certainty. The Court retraces the main parts of its previous decisions, restating the substantial nature of legal prescription and declares uncostitutional the para. 9 of art. 83, Decree Law no. 18/2020 for violation of the principle of legal certainty. From this judgment, exploring the labyrinth of the rule of law, relevant indications can be drawn for the decision maker during emergency periods and ordinary ones.
Nel dedalo del principio di legalità durante l’emergenza epidemiologica. Brevi note a margine della sent. n. 140/2021
Lorenzo Sottile
2021-01-01
Abstract
Starting from the emergency legislation that has provided for the suspension of the statute of limitation related to criminal proceedings, the Constitutional Court in its judgment no. 140/2021 has faced with complex issues concerning the non-retroactivity of the unfavourable criminal law and the principle of legal certainty. The Court retraces the main parts of its previous decisions, restating the substantial nature of legal prescription and declares uncostitutional the para. 9 of art. 83, Decree Law no. 18/2020 for violation of the principle of legal certainty. From this judgment, exploring the labyrinth of the rule of law, relevant indications can be drawn for the decision maker during emergency periods and ordinary ones.
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