DLP Insights

Court of Cassation: administrative offences and applicable law

Catégories: DLP Insights, Case Law

02 Juil 2010
The Court of Cassation, with sentence n. 12596/2010, pointed out that in case of administrative sanctions imposed by the Inspective Labour Department (so called “Ispettorato del Lavoro”) for not registered employment relationships, the application of legality and non-retroactivity principles as well as the prohibition of analogical application of law requires the subjection of the unlawful behaviour to the law discipline applicable at the moment on which the offence took place; therefore, in such a case, it is not applicable the previous discipline, even if more favourable, being not material the fact that more such legal rules were in force before the issuing of the payment injunction. Given the qualitative difference of the situations, the opposite principles pursuant to the article 2, paragraph 2 and 3, of the Italian Criminal Code cannot be applied.

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