TY - JOUR
T1 - IL DIRITTO PENALE DELL’IMMIGRATO: BREVI SPUNTIPER UNA RIFLESSIONE SUL DIRITTO PENALE DELLA PAURA
AU - Siracusa, Licia
PY - 2013
Y1 - 2013
N2 - Criminal law of immigration should be more conveniently defined“criminal law of the irregular immigrant”, centred, as it appears essentiallyfocused on the criminalisation of mere subjective statuses, instead of behavioursharming legal goods. In fact, behind the cover of an apparent balance ofthe need for protection of human rights and the interest to the control of migrationflows, the criminalisation system in this sector appears greatly unbalancedtowards the punishment of socially dangerous types of authors. This is,therefore, a model of criminal law very similar to the “enemy criminal law”.The ratio inspiring the regulations has not changed even after its adaptation,through law 2 August 2011, n. 129, to the obligations set by the EuropeanDirective 2008/115/EC. Indeed, this has not determined an overall improvementof the system as regards the compliance with the fundamentalprinciples of criminal law, but, on the contrary, it increased the “ancillary”function of criminal law with regard to the administrative procedure of repatriation,without eliminating the irrational aspects of the repressive choices ofthe Italian legislator
AB - Criminal law of immigration should be more conveniently defined“criminal law of the irregular immigrant”, centred, as it appears essentiallyfocused on the criminalisation of mere subjective statuses, instead of behavioursharming legal goods. In fact, behind the cover of an apparent balance ofthe need for protection of human rights and the interest to the control of migrationflows, the criminalisation system in this sector appears greatly unbalancedtowards the punishment of socially dangerous types of authors. This is,therefore, a model of criminal law very similar to the “enemy criminal law”.The ratio inspiring the regulations has not changed even after its adaptation,through law 2 August 2011, n. 129, to the obligations set by the EuropeanDirective 2008/115/EC. Indeed, this has not determined an overall improvementof the system as regards the compliance with the fundamentalprinciples of criminal law, but, on the contrary, it increased the “ancillary”function of criminal law with regard to the administrative procedure of repatriation,without eliminating the irrational aspects of the repressive choices ofthe Italian legislator
KW - Immigrazione
KW - diritto penale.
KW - Immigrazione
KW - diritto penale.
UR - http://hdl.handle.net/10447/93783
M3 - Article
VL - 4
SP - 765
EP - 786
JO - RIVISTA TRIMESTRALE DI DIRITTO PENALE DELL'ECONOMIA
JF - RIVISTA TRIMESTRALE DI DIRITTO PENALE DELL'ECONOMIA
SN - 1121-1725
ER -