Pasculli, Lorenzo (2006) Rieducazione e pena militare. (Other thesis), University of Padova (Italy), .
Abstract
Article 27 of the Italian Constitution establishes that «punishments shall strive for the re-education of the condemned». The Italian system of military penal sanctions, as conceived by the military criminal codes of peace and of war (and related regulations) before the Constitution entered into force, seemed to be oriented towards an all military re-education often forcibly imposed on the condemned, instead of being proposed as a voluntary occasion of re-socialisation. Thus, re-education turned into an additional afflictive content of punishment against the principles of proportionality and humanity affirmed by the Constitution and by international and supranational charters. This study offers a comprehensive analysis of the relation between re-education and military punishment in the Italian legal order, in the light of the constitutional and international principles concerning punishment. The structure of the volume is organised according to the three different moments of punishment - legislative provision (Chapter one), judicial application (Chapter three) and penal execution (Chapter two) - so to understand how the principle of re-education affects such phases. Chapter four illustrates the international principles on punishment and re-education and offers a comparative overview on relevant aspects of British and Chinese military criminal law.
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