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    Legalità e mutamenti giurisprudenziali nel diritto penale

    Fondamento e limiti del divieto di retroattività dei mutamenti giurisprudenziali sfavorevoli

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    Author(s)
    Galante, Andrea
    Language
    Italian
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    Abstract
    Over the past several years, constitutional, supreme and human rights courts had to deal with the problem of adjudicative retroactivity in criminal law with ever-greater intensity. Following the case Contrada c. Italie, in which the European Court of Human Rights found a violation of the legality principle under Art. 7 due to an unforeseeable retrospective application of a judicially created criminal offence, the issue of citizens’ safeguard upon an overruling occurrence is even more in the foreground. What temporal effect is best given to an unfavorable overruling decision? Should its application be limited to acts and conduct occurring after it or should it operate retrospectively and subject to criminal responsibility those who, acting in reliance on an earlier decision, did only what courts declared to be lawful? A limited prohibition of adjudicative retroactivity in criminal law seems to help foster an up-to-date relationship between the individual and the state.
    URI
    https://library.oapen.org/handle/20.500.12657/55690
    Keywords
    criminal law; legality principle; adjudicative retroactivity; prospective overruling; mistake of law; foreseeability
    DOI
    10.36253/978-88-5518-368-0
    ISBN
    9788855183680, 9788855183673, 9788855183697, 9788855183680
    Publisher
    Firenze University Press
    Publisher website
    https://www.fupress.com/
    Publication date and place
    Florence, 2021
    Series
    Premio Tesi di Dottorato, 90
    Pages
    288
    Rights
    https://creativecommons.org/licenses/by/4.0/
    • Imported or submitted locally

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    License

    • If not noted otherwise all contents are available under Attribution 4.0 International (CC BY 4.0)

    Credits

    • logo EU
    • This project received funding from the European Union's Horizon 2020 research and innovation programme under grant agreement No 683680, 810640, 871069 and 964352.

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