Time, legality, and more favorable criminal law in the ECHR jurisprudence: the Scoppola and Cesarano cases

Abstract

This paper analyzes the scope of the principle of the more lenient criminal law (lex mitior) in light of the case law of the European Court of Human Rights, with specific reference to Scoppola v. Italy (no. 2), Cesarano v. Italy. After reconstructing the domestic legislative and jurisprudential framework, the paper explores the dialogue between the ECtHR and national courts, highlighting the tensions between criminal legality, res judicata, and fundamental rights. The analysis focuses in particular on the procedural timing of the request for a reduced trial (abbreviated procedure), a decisive factor that distinguishes the Scoppola and Cesarano judgments, and which crucially affects the actual application of the lex mitior principle within the multilevel system of rights protection