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European Observer on fundamental right's respect

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Articles (29/02/2008) - The prison in Europe between reintegration and exclusion

Title: The prison in Europe between reintegration and exclusion

Date: 02/29/2008

Subject: The Author compares the American and European penitentiary system on the basis of the most recent legislative developments and, with regard to the Italian system, on the basis of art. 27, par. III Constitution and to the flexibility of the penalty in the executive phase. According to the Author, the dynamism of the process of re-education-reintegration-rehabilitation is an essential characteristic. The comment underlines that the system of alternative measures, in all its various phases, from preparation to execution, can and must be improved. Nevertheless, the good qualities must be highlighted; it has produced important modifications of the penitentiary situation. According to the Author, the effectiveness of the penitentiary system could improve if the organizational and operative development were taken care of, instead of the ideological one, which is unnecessary.

Original language: Italian

Classification: Justice - Art. 49 Principles of legality (nullum crimen, nulla poena sine lege; lighter penalty) - Proportionality of penalties

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