The "double track" logic - criminal penalties v. "security measures" - was at the heart of the rules on sentencing in the 1930 codification, which is still in force in Italy. Nowadays, both securuty measures and penalties must serve the re-education of the prisoner, but in real life the practical recourse to security measures still responds more to an incapacitation logic than to a rehabilitative purpose. In this view, proportionality principle shoul be given a more central role in teh application and execution of security measures. Therefore, the principle of retribution should not be dismissed too easily from the normative aims of criminal justice
Giulio Illuminati (2013). The "Doppio Binario" in Italian Criminal Law. Comment on Pellissero. Durham, NC : Carolina Academic Press.
The "Doppio Binario" in Italian Criminal Law. Comment on Pellissero
ILLUMINATI, GIULIO
2013
Abstract
The "double track" logic - criminal penalties v. "security measures" - was at the heart of the rules on sentencing in the 1930 codification, which is still in force in Italy. Nowadays, both securuty measures and penalties must serve the re-education of the prisoner, but in real life the practical recourse to security measures still responds more to an incapacitation logic than to a rehabilitative purpose. In this view, proportionality principle shoul be given a more central role in teh application and execution of security measures. Therefore, the principle of retribution should not be dismissed too easily from the normative aims of criminal justiceI documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.