Dante Valitutti

Criminal Law as the War. The “Recidiva Obbligatoriaµ and the Breaking of the Right Barriers

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Abstract

Is it possible to legitimize a criminal law different from that of the «garantismo penale»? Can the principle of reasonableness justify this deviation? The present work wants to ask these questions trying to provide some answers. All this through the recall of the so-called «ex Cirielli» law.

Keywords

  • Criminal law –
  • Feindstrafrecht –
  • diritto penale «di lotta» –
  • recidivism –
  • principle of reasonableness

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