In the difficult reorganization of the Italian State after the disasters of fascism and war, some criminal lawyers, trying to draw the lines of a delicate balance between the protection of citizens’ freedom and the safety of society, find an important topic of discussion in the issue of life imprisonment. In 1956 the Constitutional Court starts working and the abolitionists hope to suppress the life imprisonment. Francesco Carnelutti, a famous professor, publishes an article about this hope and provokes various kind of reactions. Not long after the exception of uncostitutionality of life imprisonment presented to the Joint Sections of the Court of Cassation is dismissed as manifestly unfounded. The resolution of the Supreme Court helps to revitalise the debate and the different opinions are compared at the international congress of Perugia.
Ergastolo e Costituzione: il dibattito del 1956
Cristina Danusso
2018-01-01
Abstract
In the difficult reorganization of the Italian State after the disasters of fascism and war, some criminal lawyers, trying to draw the lines of a delicate balance between the protection of citizens’ freedom and the safety of society, find an important topic of discussion in the issue of life imprisonment. In 1956 the Constitutional Court starts working and the abolitionists hope to suppress the life imprisonment. Francesco Carnelutti, a famous professor, publishes an article about this hope and provokes various kind of reactions. Not long after the exception of uncostitutionality of life imprisonment presented to the Joint Sections of the Court of Cassation is dismissed as manifestly unfounded. The resolution of the Supreme Court helps to revitalise the debate and the different opinions are compared at the international congress of Perugia.
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