Considerazioni a margine della sentenza Corte cost., 11 aprile 2023, n. 66: una battuta d’arresto nell’evoluzione della giurisprudenza costituzionale sul superamento degli automatismi sanzionatori?

The paper takes the Constitutional Court’s judgment n. 66/2023 as a starting point to develop some considerations on the need to continue the process of erosion of the presumptive sanctioning mechanisms in the context of highly serious offences. In particular, starting from the arguments developed by the Constitutional Court, which seems to interrupt this path in the case under consideration, some ideas are proposed for a redefinition of the assessment of the offender’s social dangerousness, so that it is no longer interpreted as a presumption of non rehabilitability of the offender, but as a broader judgment of his re-education needs, functional to a new method of balancing with the instances of social defence.