The law of 9 January 2019 n. 3 (so-called Spazzacorrotti) extended to crimes against the public administration the foreclosures envisaged by article 4 bis of the prison system (law n.354/1975) with respect to the granting of benefits and alternative measures to detention.
Many judges of the merits denounced the lack of a transitional discipline that prevents the application of the new rules to those convicted of a crime committed before the entry into force of the aforementioned law.
The Constitutional Court, after discussing the complaints raised by many judges in private, has decided that the retroactive application of the 'Spazzacorrotti' law is illegitimate.
According to the Consulta, in fact, the retroactive application of a discipline that involves a radical transformation of the nature of the penalty and its impact on personal freedom, compared to that envisaged at the time of the crime, is incompatible with the principle of legality of penalties, enshrined by article 25, second paragraph, of the Constitution
The Spazzacorrotti law has in fact included a long list of crimes against the public administration (peculation, extortion, corruption for the exercise of the function, corruption for acts contrary to official duties, corruption in judicial acts, undue induction to give or promise benefits , corruption of a person entrusted with performing a public service, instigation to corruption, as well as the crimes of embezzlement, extortion, undue induction to give or promise benefits, corruption and instigation to corruption committed by members of international courts or bodies of the European Community or of international parliamentary assemblies or international organizations and officials of the European Communities and foreign states) among those for which art. 4 bis of the law on prison regulations provides that assignment to outside work, bonus permits and alternative measures to detention (excluding early release) can be granted to prisoners only if they collaborate with justice.
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