A continuous "challenge" of the compliant interpretation in the context of the European criminal law in malam partem

Abstract: The present paper aims to investigate a very difficult topic, i.e the compliant interpretation of the rules of criminal law especially in malam partem, without precise and concrete solutions in the Union context. The discussion and the general question is whether the rules of the Union and especially the binding ones have a negative and unfavorable relationship for the accused. Thus, an analysis evolves within the supranational jurisprudence. In this regard, we have seen the position held by the judges as well as those in domestic law where the interpretation has not always had a restrictive rigor in all the matters of criminal law.