Scoppola v. Italy (dec.)

Information Note on the Court’s case-law No. 109

June 2008

Scoppola v. Italy (dec.) - 10249/03

Decision 13.5.2008 [Section II]

Article 7

Article 7-1

Nulla poena sine lege

Effect of the entry into force on the date of his conviction of a legislative-decree liable to affect the applicant’s situation: admissible

In 1999 the applicant killed his wife and wounded one of his children. Criminal proceedings were brought against him. At a preliminary hearing in 2000 he asked to be tried under a shortened form of procedure that would result in a reduced sentence in the event of a conviction. Under the Code of Criminal Procedure, this procedure meant that if the sentence normally applicable was life imprisonment the applicant would be sentenced to thirty years. In keeping with that rule, when found guilty of the charges against him on 24 October 2000 the applicant was sentenced to thirty years’ imprisonment. In 2001 the Principal State Prosecutor’s Office appealed on points of law, submitting that the court should have taken into account a change introduced by a legislative-decree that had entered into force on the date of the applicant’s conviction, affecting his situation. The applicant appealed. The competent Assize Court of Appeal sentenced the applicant to life imprisonment, considering that the new procedural rule was applicable to any proceedings under way and that the applicant could have withdrawn his request for the shortened form of procedure to be applied and have his case tried in the ordinary way. In 2003 the Court of Cassation dismissed the applicant’s appeal.

The Court considered that the application concerned not only the alleged violation of the nulla poena sine lege principle but also the matter of whether the newly introduced provisions had affected the fairness of the trial (Article 6 § 1 of the Convention), and declared the application admissible.

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This summary by the Registry does not bind the Court.

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