Analysis of Judgment No. 32249 of 2024: Favorable Criminal Law and Declaration of Constitutional Illegitimacy

The recent judgment No. 32249 of April 19, 2024, represents an important ruling by the Court of Cassation regarding the application of criminal laws following declarations of unconstitutionality. In particular, it examines the principle of 'favor rei' and how it translates into the practical application of criminal laws, especially in situations where a law is declared illegitimate.

The Principle of 'Favor Rei'

The principle of 'favor rei' is a cornerstone of criminal law, establishing that in cases of succession of criminal laws, the norm most favorable to the defendant must be applied. However, the judgment under review clarifies that a declaration of constitutional illegitimacy does not extend its applicability to acts committed during a period prior to the entry into force of the favorable norm.

• Applicability of the favorable norm only to acts committed during its validity.
• Exclusion of the possibility of more favorable treatment for acts committed under a previous, more severe norm.
• Confirmation of the validity of the previous law until it is declared unconstitutional.

Favorable criminal law - Declaration of constitutional illegitimacy - Applicability to acts prior to its entry into force - Exclusion - Reasons - Factual circumstances. In application of the principle of 'favor rei', the unconstitutional favorable criminal law may continue to be applied only to acts committed during its apparent validity, but not to those perpetrated under a previous, more severe legal framework. It must be excluded that the declaration of constitutional illegitimacy can lead to more favorable treatment even with reference to acts committed under the previous, more severe criminal law. (Factual circumstances concerning the clandestine trade of anabolic substances, which occurred during the validity of the less favorable provision of Article 9, paragraph 7, of Law December 14, 2000, No. 376, which preceded the entry into force of Article 586-bis of the Criminal Code, whose paragraph 7 was declared unconstitutional by Constitutional Court Judgment No. 105 of 2022, limited to the words "for the purpose of altering athletes' competitive performance").

Implications of the Judgment

The implications of this judgment are significant, especially for cases involving the trade of anabolic substances, which have been the subject of legal discussion. The Court clarifies that, even if a norm is declared unconstitutional, this does not permit retroactive application of the favorable norm. This means that offenses committed under the validity of a more severe law cannot benefit from the new favorable interpretation.

Conclusions

In conclusion, judgment No. 32249 of 2024 reiterates the importance of legal certainty and the application of criminal laws, emphasizing that a declaration of unconstitutionality is limited to future effects and cannot review facts that have already occurred under previous laws. This clarification is fundamental to ensuring fair justice and avoiding misinterpretations of the norms involved in criminal law.