Type and Measure of Punishments in Constitutional Jurisprudence
Journal title DIRITTO COSTITUZIONALE
Author/s Roberto Bartoli
Publishing Year 2025 Issue 2025/2
Language Italian Pages 29 P. 91-119 File size 216 KB
DOI 10.3280/DC2025-002005
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The author reconstructs the orientations of constitutional jurisprudence on the subject of type and measure of punishment. With regard to type, particular attention is devoted to the rulings on life imprisonment, alternatives to prison, pecuniary punishment and accessory penalties. With reference to the measure, in addition to the quantum and the principle of proportionality, the jurisprudential orientations on application automatisms that contrast with the individualisation of punishment are also examined. The last part of the work is devoted to fundamental considerations and, in particular, to the evolution of the principles on the subject of punishment and the problems in the relations between powers.
Keywords: Constitutionalism, Principles, Punishment, Proportionality, Automatisms, Individualisation
Roberto Bartoli, Tipologia e misura delle pene nella giurisprudenza costituzionale in "DIRITTO COSTITUZIONALE" 2/2025, pp 91-119, DOI: 10.3280/DC2025-002005