Tokens: An
academic
study
conducted
in
2008
concluded
that
only
a
limited
number
of
States
had
fully
incorporated
lex
mitior
into
their
domestic
law
:
approximately
fifty
States
had
adopted
a
version
of
lex
mitior
in
their
national
Constitutions
and
approximately
21
States
had
expressly
provided
for
it
by
statute[7
]
.
Thus
,
whether
lex
mitior
has
truly
become
a
part
of
customary
international
law
is
still
subject
to
debate[8
]
.
The
principle
is
not
expressly
mentioned
in
the
Convention
and
was
deliberately
left
out
of
Article
7
at
the
time
the
Convention
was
being
drafted[9
]
.
The
principle
only
entered
the
Court
’s
jurisprudence
as
a
result
of
the
majority
decision
in
Scoppola
(
no.2
)
.
There
is
no
compelling
reason
under
international
law
to
support
widening
the
scope
of
lex
mitior
by
applying
it
to
the
present
case
(
especially
given
that
the
case
is
not
about
sentencing
but
about
combined
sentencing
)
.
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