Judgment No. 40 of 2019: The Declaration of Illegality of Punishment and its Legal Implications

The recent Judgment No. 40 of 2019 by the Constitutional Court has raised important issues regarding the legality of punishments imposed for drug offenses, particularly for acts committed before December 30, 2005. This ruling has significant effects not only on current criminal proceedings but also on already final convictions, raising questions about the retroactivity of criminal law and the protection of convicts' rights.

The Content of the Judgment and its Effects

Judgment of the Constitutional Court No. 40 of 2019 - Effects - Illegality of Punishment - Irrevocable conviction for acts committed before December 30, 2005 - Extension. Following Judgment of the Constitutional Court No. 40 of 2019, which declared the constitutional illegality of Article 73, paragraph 1, of Presidential Decree of October 9, 1990, No. 309, concerning the minimum statutory penalty, set at eight years of imprisonment rather than six years, the punishment imposed based on the previous penalty framework must be considered illegal, even with reference to acts committed before December 30, 2005. (In its reasoning, the Court specified that, although the aforementioned declaration of constitutional illegality originated from the penalty structure determined by Judgment of the Constitutional Court No. 32 of 2014, no further limitations or conditions were imposed on its application).

The Court ruled that the minimum statutory penalty of eight years of imprisonment, provided for by Article 73, paragraph 1, of Presidential Decree No. 309/1990, is constitutionally illegitimate. This implies that convictions already issued based on this penalty framework can be challenged, paving the way for potential requests for review of final judgments.

Implications for Italian Criminal Law

This judgment has several implications for Italian criminal law, including:

• Possibility of reviewing final judgments: individuals convicted of drug offenses can request a review of their sentence, invoking the Court's new interpretation.
• Impact on future sentencing: judges must consider the new penalty framework, with a reduction of the minimum statutory penalty to six years.
• Strengthening the protection of convicts' rights: the judgment represents a step forward in guaranteeing individual rights, in line with the principles of legal certainty and the non-retroactivity of criminal law.

Conclusions

In summary, Judgment No. 40 of 2019 by the Constitutional Court has not only declared a legal provision illegitimate but has also opened a crucial debate on the legality of punishments within the context of Italian criminal law. Its retroactive application offers new opportunities for convicts and represents an important evolution in Italian jurisprudence, in accordance with the principles of justice and equity.