The Anti-Constitutional Article - International Lawyers Associates

The unconstitutional article

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The unconstitutional article

The unconstitutional article. 73 co. 1 dpr 309/90 in the part in which it provides as a minimum penalty for trafficking in hard drugs the prison sentence of eight years instead of six.

The minimum penalty of eight years for minor offenses in the drug field is disproportionate. The constitutional court has established that, with judgment n.40 deposited on 08/10/2019 (rapporteur dott.ssa Marta Cartabia), it has declared illegitimate article 73, first paragraph of the single text on drugs, where it provides as a minimum penalty of eight years in prison instead of six.

In particular, the court determined that the four-year difference between the minimum penalty provided for the ordinary case (eight years) and the maximum penalty established for the lesser sentence (four years) constitutes an anomaly of sanction in contrast to the principles of equality , proportionality, reasonableness (article 3 constitution), as well as with the principle of the rehabilitation function of the sentence (article 27 constitution).

The declaration of unconstitutionality comes after the court, with judgment n. 179/17 had urgently asked the legislator to repair the rift that separates the sanctions for minor and non-minor acts, provided, respectively, in paragraphs 5 and 1 of art. 73 of dpr309 / 90; however, that invitation was not heard, so the court has considered that its intervention is impossible to correct to correct the unreasonable disproportion, often informed by the judges of merit and legitimacy.

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