Nota a Corte cost. 26 maggio 2017, n. 127 in tema di successione fra normativa penale e normativa sanzionatoria amministrativa

[Autom. eng. transl.] The commented sentence is part of the line concerning decriminalization inaugurated by the Cost Court. April 7th 2017, n. 68, which considered the "presumption, from which the legislator moves, that the administrative sanction is in any case more favorable than the penal one"; in this way, for the facts committed before the entry into force of the decriminalization law, the problem of establishing which is in practice the heaviest sanctioning treatment has begun to arise, even when the transitional provision has opted for the application of the provision administrative sanction to the facts committed in the force of the penal law