From cherry picking of the precedent to nomofilachia favourable to the accused
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Abstract
The essay deals with the theme of the "favourable" interpretation and of the "rebutting" motivation, corroborating the results in the light of the European Directve 2016/343/EU and the redrafting of article 546 code of criminal procedure, useful to present a new and more effective "nomofiliachia" (uniform interpretation of the law) following the judicial precedents favourable to simple sections.
Keywords
- Interpretation
- Motivation
- Judicial Precedents
- Uniform Interpretation
