Towards a "narrow" path of recipients of criminal sanctions through the jurisprudence of the European Court of Human Rights

Abstract: The present paper aims to investigate, through the jurisprudence of the European Court of Human Rights, the nature of sanctions, starting from the Engel criteria, that are formulated during the years, forming different paths, therefore, their recipients continue to be always people who are convicted with various ways and crimes at domestic level. The paths are different for a common formal qualification regarding the erga omnes, since the sanctions as objectives are not the same for the relative justice. The dissenting opinions of the judges have laid the foundations to put our investigation to a much more in-depth path of a penal culture that behind every appearance judges sees the sanctions of each case with a way to itself.

Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2024-10-26
DOI
https://doi.org/10.5281/zenodo.13995671
Primary Topic
Legal Rights and Human Rights
Type
article
Field-Weighted Citation Impact
0.00
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article

Towards a "narrow" path of recipients of criminal sanctions through the jurisprudence of the European Court of Human Rights

Zenodo (CERN European Organization for Nuclear Research)
Legal Rights and Human Rights
article

Towards a "narrow" path of recipients of criminal sanctions through the jurisprudence of the European Court of Human Rights

article en

Abstract

Abstract: The present paper aims to investigate, through the jurisprudence of the European Court of Human Rights, the nature of sanctions, starting from the Engel criteria, that are formulated during the years, forming different paths, therefore, their recipients continue to be always people who are convicted with various ways and crimes at domestic level. The paths are different for a common formal qualification regarding the erga omnes, since the sanctions as objectives are not the same for the relative justice. The dissenting opinions of the judges have laid the foundations to put our investigation to a much more in-depth path of a penal culture that behind every appearance judges sees the sanctions of each case with a way to itself.

Zenodo (CERN European Organization for Nuclear Research)
Peace, Justice and strong institutions
Openalex Percentile: Top 31%
Legal Rights and Human Rights
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