La sucesión de las leyes penales en el tiempo

Abstract

The issue of criminal codes succession in time is one of the most important topics in general crime theory. It is directly linked to the non-retroactivity of crime regulation which is knowingly reflected in the primary demand related to the original affirmation of the legality principle. Discipline in the prevailing 1930 Códice Penale is assessed beginning with the regulation of liberal 1889 Zanardelli Code, considering the criteria developed on the doctrine and jurisprudence. This paper also examines the political-criminal function, which can be in fact a turning point in the matter of he succession of penal rule, and foresees the possibility of a dangerous short circuit in the relations between legislative power and judicial power stressing the jurisprudential interest in the matter.