Verso la giustiziabilità della violazione del divieto di analogia a sfavore del reo

In its inadmissibility judgment no 98 of 2021, the Constitutional Court questioned the constitutionality of a certain judicial interpretation of Article 572 of the Criminal Code, assuming that it infringed the prohibition of analogy in malam partem. The Author claims that the Court’s attention to this particular facet of the nullum crimen principle could open new perspectives on the constitutional control over alleged violations of the ban on analogy by criminal judges, hence fostering a greater judicial self-restraint in the interpretation of criminal legislation.