The Enforcment of Criminal Sentences: A Perpetual Reform Beyond Legislation
Journal title DIRITTO COSTITUZIONALE
Author/s Angela Della Bella
Publishing Year 2025 Issue 2025/2
Language Italian Pages 24 P. 121-144 File size 214 KB
DOI 10.3280/DC2025-002006
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If the Legislator deserves the credit for having initiated the construction of the constitutional face of punishment in the phase of enforcement, the Constitutional Court must be credited with having fueled this process, exercising significant control over the choices of the legislature by enhancing the principles of re-education, humanity, as well as proportionality and this in synergy with the jurisprudence of the European Court of Human Rights. Dampening the enthusiasm for this path of recognition of the dignity of the prisoner is the consideration of the reality of the prison system, which is at a tremendous distance from the model outlined in the Constitution.
Keywords: Re-education, Humanity, Proportionality; Individualisation of treatment, Prisoners’ rights.
Angela Della Bella, Esecuzione della pena: una perenne riforma, non solo legislativa in "DIRITTO COSTITUZIONALE" 2/2025, pp 121-144, DOI: 10.3280/DC2025-002006