RT Article
T1 Conflitto e bilanciamento in ambito canonico, tra norma penale in bianco e principio di legalità
JF Il diritto ecclesiastico
VO 132
IS 1/2
SP 103
OP 116
A1 La Barbera, Giuseppe
A1 Ingoglia, Antonio 1959-
A2 Ingoglia, Antonio 1959-
LA Italian
YR 2021
UL https://ixtheo.de/Record/1824011679
AB Conflict and balance in the canonical sphere, between blank criminal law and the principle of legality · The canonical penal system appears marked by a glaring contradiction : on the one hand, it accepts the principle of legality, with its corollaries of the prohibition of the argumentum a simili, of the criteria of strict interpretation and extension of the lex mitior ; on the other hand, it contemplates a provision of a general nature, which opens up to atypical cases by allowing the prosecution of the infringement of a law even « beyond the cases expressly established » by the code or other criminal laws. The reasons for this antinomy may, on closer examination, be unduly conditioned by a too narrow parameter of declination of criminal law, more in accordance with the secular juridical experience than with that of the Church. In this regard, this contribution aims to highlight the reasons and limits of the application of the traditional principle nullum crimen and nulla poena sine previa lege in the canonical context, and to access a reconstruction of the same that takes into account the physiognomy of the penal system of the Church, according to which it should be more conveniently calibrated.
K1 Canonical Penal System
K1 Principle of Legality
K1 Blank Penal Norm
DO 10.19272/202130802007