The principles of legality and non-retroactivity of criminal law are contained in the most important human rights treaties. However, they are subject to exceptions and presumed exceptions. A first exception is the lex mitior rule, according to which a criminal law that is more favorable to the offender may retroactively run in time. This rule, provided for in some human rights treaties, is not contained in the European Convention on Human Rights; but the Strasbourg Court has held that it is implicit in Article 7 of the Convention. Another exception would be given, according to some, by the clause, contained in some treaties, according to which conduct may be punished which, at the time of its occurrence, was not expressly provided for as a crime, but constituted a crime according to the general principles of law recognized by civilized nations. In fact, it follows from case law that this clause is not a true exception to the principle of non-retroactivity of criminal law.
University of Siena, Italy - ORCID: 0000-0001-9823-2747
Chapter Title
Diritti umani degli imputati, princìpi di legalità e irretroattività della legge penale ed eccezioni a tali princìpi
Authors
Riccardo Pisillo Mazzeschi
Language
Italian
DOI
10.36253/979-12-215-1043-0.05
Peer Reviewed
Publication Year
2026
Copyright Information
© 2026 Author(s)
Content License
Metadata License
Book Title
Il principio di retroattività della lex mitior
Editors
Laura Castaldi, Francesco Zini
Peer Reviewed
Number of Pages
170
Publication Year
2026
Copyright Information
© 2026 Author(s)
Content License
Metadata License
Publisher Name
Firenze University Press, USiena Press
DOI
10.36253/979-12-215-1043-0
ISBN Print
979-12-215-1042-3
eISBN (pdf)
979-12-215-1043-0
eISBN (epub)
979-12-215-1044-7
Series Title
Quaderni del Dipartimento di Scienze politiche e internazionali
Series ISSN
3035-5850
Series E-ISSN
3035-5664