Pronunce di incostituzionalità in malam partem e inapplicabilità in senso proprio della norma illegittima più favorevole

The paper explores the constitutional implications surrounding the legal treatment of acts committed under a more favourable criminal provision that is subsequently declared unconstitutional. Although it is firmly established that such acts cannot result in criminal consequences more severe than those provided by the invalidated norm, the theoretical foundation of this outcome remains subject to debate. The dominant jurisprudential orientation attributes this result to an exceptional application of the unconstitutional provision, which raises significant concerns in the light of constitutional principles. Drawing on an alternative doctrinal framework, the author argues that a different interpretative solution is viable. In fact, the interpretative approach suggested reaches the same practical outcome without derogating from principles related to the effects of Constitutional Court decisions declaring laws unconstitutional and offers a more coherent justification for the influence exerted by the declaration of unconstitutionality on the criminal adjudication process.