Oct 11th The anti-constitutional article
Article 73 of D.P.R. 309/90 establishes a minimum prison sentence of eight years instead of six years.
The minimum sentence of eight years for minor offences in the field of drugs is outsized. The Constitutional Court has established, with judgment n.40 deposited on 10/08/2019 (rapporteur Dr. Marta Cartabia), that the article 73, first paragraph of the Consolidated Text on narcotic substances, is illegitimate since it provides for a minimum sentence of eight years' imprisonment instead of six years.
In particular, the Court determined that the difference of four years between the minimum penalty provided for the ordinary case (eight years) and the maximum penalty established for the lesser penalty (four years) constitutes an anomaly of punishment in contrast both with the principles of equality, proportionality, reasonableness (art. 3 of the Constitution), and with the principle of the rehabilitative function of punishment (art. 27 of the Constitution).
The declaration of unconstitutionality comes after the Court, with sentence n. 179/17, had urgently asked the legislator to repair the rift that separates the sanctions for minor and non-minor offences, foreseen, respectively, in paragraphs 5 and 1 of art. 73 of d.p.r.309/90; however, this invitation was not heeded, so the Court has considered that its intervention is impossible to correct to remedy the unreasonable disproportion, often reported by the judges of merit and legitimacy.
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