Irretroactivity and Personal Freedom: art. 25, 2nd para., of the Italian Constitution Breaks the Barriers of Penal Execution
A longed-for and innovative judgment by the Italian Constitutional Court breaks the everlasting wall between substantive criminal law and penal execution about the irretroactivity principle enshrined in article 25/2 of the Constitution. With a reasoning swinging between “foreseeability”of the criminal penalty and the rule of law, indeed, the said safeguard applies to new provisions worsening the execution of penalties (in jail or outside), so affecting directly and actually the personal freedom of the convicted individual. Consequently, it is deemed not in line with the Italian Constitution the retroactivity of certain limits for serving a conviction not in jail, under art. 4-bis of the Italian Consolidated Law on Penal Execution (including the indirect effect of prohibiting the standstill of the execution order under art. 656, para. 9, of the Italian Criminal Procedure Code) for convicted individuals for crimes against the public administration who misbehaved prior to the enactment of Law no. 3/2019. On the other hand, it is still controversial the matter – perhaps to be soon addressed by the Constitutional Court – on the overall legitimity of the expansion of the catalogue of crimes ‘blocking’ any non-custodial execution, in light of the reasonablesness as well as the resocialisation purpose of criminal penalties.