In Spain, the reforms following the 1995 Penal Code reflect authoritarian policies informed by theories of “zero tolerance”and “enemy criminal law”. Faced with this reality it is not possible to remain indifferent or simply to point out its existence
Taking a cue from a piece published on this website (see the column on the right), where four landmarks of the Italian general theory of criminal law were outlined, the author focuses on one of them: namely, the deep analysis of the special part. Such a focus is based on excerpts from the renowned monographs “Inganno ed Errore” (1955) by Cesare Pedrazzi and “Il reato come azione” (1971) by Giorgio Marinucci
Idiosincrasia y dogmática penal italiana De paso, sobre si acaso Franco Bricola fue un revolucionario o un reformador. (un ejercicio poco “científico”, ma con grande affetto)
Taking the cue from an intervention at professor Gabriele Fornasari’s seminar in Valparaíso on 20 November 2018, on the Evolution of Italian criminal law doctrine in the XX century, the author offers an overview of the main features of the Italian criminal law doctrine, establishing a relationship with certain idiosyncratic values. In the second part, the author addresses a query raised by one of the seminar attendees, trying to answer to the question whether Franco Bricola was a revolutionary or a reformer. The answer implies a reference to a forthcoming piece
Brevi note sul contributo “penalistico” di Justice Anthony Kennedy, nonché sulle possibili conseguenze del suo pensionamento
The paper presents the main judgments in constitutional-criminal law matters by the Associate Justice of the US Supreme Court Anthony Kennedy (who served from 1988 to 2018). The peculiar role of “Swing Justice” between conservative and liberal ones made his dynamic-evolutive approach in interpreting some constitutional clauses (cruel and unusual punishment clause under the 8th Amendment and due process clauses under 5th and 14th Amendment) a sort of balancing factor for the Court itself, enhancing the constitutional safeguards in certain areas of substantive criminal law (sanctioning and prisons, in particular). The turnover with Justice Kavanaugh, establishing a conservative majority – in conclusion – could jeopardize many results obtained insofar, affecting even the underlying fundamental principles of dignity, humanity and civilisation
Laudatio presented at Cesare Beccaria’s Medal award ceremony by the Sociedad Internacional de Defensa Social, held in Salamanca on the 4 of October 2018
Ten years after Juan Bustos Ramírez’s (1935-2008) death this short post explores the highlights of his career. The author, an avid disciple, illustrates the greatness of Bustos’s achievements as an academic, politician and human rights lawyer in spite of the difficult historical and personal circumstances in which he worked.
At a seminar co-organised on 23th-24th August 2018 in Santiago (Chile) by the Alberto Hurtado University and the Universidad de Chile to mark the 10th anniversary of the death of Juan Bustos Ramírez (1935-2008), one of his former students recalls an episode that took place in one of Bustos’s Santiago lectures in 1996. This serves as a starting point for reflection on the extraordinary personality of the Chilean criminal law scholar, who had been one of Hans Welzel’s followers in Bonn and later became a distinguished professor at the Universitat Autónoma of Barcelona.