On the application of the more favourable law on fines

DEZBATERI

Abstract

Introduced during the 2003 revision of the Constitution, the plea to the rule of non-retroactivity of the new law, the retroactive application of the more favourable contravention law, has been debated in case law and in the literature, but situations may still arise where, under this ground, the recognition of benefits is invoked, which, in reality, do not fall within the notion of more favourable contravention law. Such cases can be found in the field of traffic regulations on public roads, where, in view of the frequent changes in the rules, the judge is called upon to analyze various hypotheses in which the application of the more favourable traffic offence law is invoked.

This paper aims to highlight the legal meaning of the concept of a more favourable contravention law and to identify jurisprudential aspects of its application in order to try to clarify this plea to non-retroactivity.

Keywords: non-retroactivity, more favourable contravention law, application over time, case law