Profili comparatistici sulla pena detentiva perpetua: prospettive legislative e costituzionali
DOI:
https://doi.org/10.57660/dpceonline.2021.1239Keywords:
Life imprisonment without parole; Constitutional Courts; Prohibition of inhuman and degrading treatment; Right to hope; European Court of Human RightsAbstract
Abstract: Comparative profiles on life imprisonment: legislative and constitutional perspectives – This article discusses the peculiarities of the Italian “ergastolo ostativo”, analysing its normative regulation, the Italian Constitutional Court’s case law on the matter and the recent judgement of the European Court of Human Rights on the Viola vs. Italy case. After reconstructing the legal framework and the constitutional courts’ case law on life imprisonment in the comparative panorama, this paper aims at drawing potential legislative and judicial perspectives for the Italian legal system.
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