The crime of torture: an in-depth analysis from its origins to the latest proposed amendment
Catena, Giorgia (A.A. 2022/2023) The crime of torture: an in-depth analysis from its origins to the latest proposed amendment. Tesi di Laurea in European criminal law, Luiss Guido Carli, relatore Maurizio Bellacosa, pp. 203. [Single Cycle Master's Degree Thesis]
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Abstract/Index
The absence of the crime of torture in the Italian legal system. Italy’s necessity to comply to the Constitutional, European and international obligation. Italy’s unfounded reasons not to adhere to the specific obligation of criminalization of torture. The consequences of Italy’s deliberate violation of its obligations: the Genoa G8 cases. The excessive delay in the introduction of the crime of torture in the Italian criminal code and the unpredictable repeal proposal. The path towards Law no. 110/2017 and the introduction of articles 613-bis and 613-ter in the Italian criminal code. Specific features of articles 613-bis and 613-ter: essential traits of the crime of torture. Problematic aspects concerning its application and the absurd repeal proposal. The already established crime of torture at the international and European level. The international point of view & legal tools imposing an unconditional ban on torture. European point of view concerning the criminalization of torture. Obligations concerning torture arising from both international and European instruments. The main differences between "torture" pursuant to article 613-bis of the Italian criminal code and according to international and European provisions. Case law: how acts amounting to torture were considered before and after the introduction of article 613-bis in the criminal code. Types of acts: torture applied to prisoners and conditions of their detention. Italy’s inability to condemn torture: Cirino and Renne v Italy. The case of Santa Maria Capua Vetere.
References
Bibliografia e sitografia: pp. 190-203.
| Thesis Type: | Single Cycle Master's Degree Thesis |
|---|---|
| Institution: | Luiss Guido Carli |
| Degree Program: | Single Cycle Master's Degree Programs > Single Cycle Master's Degree Program in Law (LMG-01) |
| Chair: | European criminal law |
| Thesis Supervisor: | Bellacosa, Maurizio |
| Thesis Co-Supervisor: | Gialuz, Mitja |
| Academic Year: | 2022/2023 |
| Session: | Extraordinary |
| Deposited by: | Alessandro Perfetti |
| Date Deposited: | 18 Sep 2024 09:53 |
| Last Modified: | 18 Sep 2024 09:53 |
| URI: | https://tesi.luiss.it/id/eprint/39756 |
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