Pene illegali interamente espiate e perduranti limitazioni all’esercizio di diritti fondamentali

The paper aims to investigate the effects of Constitutional Court’s decisions on the principle of res iudicata in criminal law: in particular the Author focuses on the impact of judgments regarding the criminal provisions that govern the amount of the sanctions. After a brief description of the main case-law of the Court of Cassation, the Author proposes a broader interpretation of the domestic provisions, in order to provide guarantees even to the person who has entirely served his or her own sentence, when the quantum of the sanctions still produces negative consequences on him or her.