The Criminal Code protects society from socially dangerous behavior but, in line with the principles of legal certainty and the rule of law, also protects suspects from the state. That second aspect of criminal justice, alarmed during the current state of emergency, deserves a front and center analysis. Theory holds that criminal statutes are a kind of Magna Carta Libertatum[1] of criminal law. This means that unless all the facts included in the specific legal incrimination have materialized, no one can be convicted, or charged, with the crime. The Criminal Code is not only the “Holy Bible” of public prosecutors […]
Details