Ain these situations the flexibility of the law is preferable since no it is possible to establish a priori the totality of the circumstances that may or may not fall into the category of the notion of circumstance. Moreover the typology of these circumstances the mechanism that ensures their functioning the order in which they become effective and the effects they have on the punishment constitute that part that relates to the practical implementation of the theoretical system and aims lato sensu the interpretation and application of the law. . Also as regards the alleged contradiction of the criticized provisions with the provisions of art. of.
The Constitution the Court finds that they apply equally to all persons under Country Email List the legal assumption of the norm. In relation to this problem it should be noted that the principle of equality does not mean uniformity so that if equal situations must be treated equally in different situations the legal treatment can only be different. In general it is appreciated that the violation of the principle of equality and nondiscrimination exists when differential treatment is applied to equal cases without an objective and reasonable motivation or if there.
Is a disproportion between the goal pursued by used. In other words the principle of equality does not prohibit specific rules in the case of a difference in situations. In the present case the circumstances subsumed under each of the two categories are in principle delimited by the criterion of the connection that a certain circumstance has either with the person of the perpetrator or with the deed following that those circumstances that have an objective character fall on the author and the participants only to the extent that they knew or foreseen them and the others of a personal nature to produce effects only with regard to the person with whom they are related. . That being the case.
發表於 2023-12-27 17:47:32
