Succession of Criminal Laws and Jurisprudential Changes: An Evolutionary Path
Journal title DIRITTO COSTITUZIONALE
Author/s Antonella Massaro
Publishing Year 2025 Issue 2025/2
Language Italian Pages 22 P. 47-68 File size 207 KB
DOI 10.3280/DC2025-002003
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The contribution proposes a definition of ‘jurisprudential change’, also in order to distinguish it from jurisprudential contrasts. The aim, then, is to verify whether the Italian legal system has instruments to manage jurisprudential changes, in accordance with the principles of non-retroactivity (for unfavourable changes) and retroactivity in mitius (for favourable changes). After a critical analysis of the main solutions proposed by doctrine and jurisprudence, the Author also hypothesises alternative reconstructions, including a different systematic placement of Article 5 of the Criminal Code.
Keywords: Principle of legality, Succession of criminal laws over time, Jurisprudential changes, Jurisprudential contrasts, Prospective overruling.
Antonella Massaro, Successione di leggi penali e mutamenti giurisprudenziali: un percorso evolutivo in "DIRITTO COSTITUZIONALE" 2/2025, pp 47-68, DOI: 10.3280/DC2025-002003