In addition to the analysis of the new Italian legislation on life imprisonment and impediment penitentiary regime (Article 4 bis of the penitentiary Code), the article traces the most recent jurisprudential landings on the ‘perpetual sentence’, both of the European Court of Human Rights and of the Italian Constitutional Court, providing a reading of the positions that suggest the abolition of the life imprisonment. Although a variety of possible effects are de facto attributable to the penalty, the work claims the need to reform the impediment regime in force in Italy, thus at-tempting to ensure compliance with the reeducational and resocialising finalism that the Italian Constitution attributes de jure to the penalty.
La cadena perpetua no revisable en Italia
Morena Gallo
2023-01-01
Abstract
In addition to the analysis of the new Italian legislation on life imprisonment and impediment penitentiary regime (Article 4 bis of the penitentiary Code), the article traces the most recent jurisprudential landings on the ‘perpetual sentence’, both of the European Court of Human Rights and of the Italian Constitutional Court, providing a reading of the positions that suggest the abolition of the life imprisonment. Although a variety of possible effects are de facto attributable to the penalty, the work claims the need to reform the impediment regime in force in Italy, thus at-tempting to ensure compliance with the reeducational and resocialising finalism that the Italian Constitution attributes de jure to the penalty.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.