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Il diritto all'oblio del condannato penale

Translated title of the contribution: [Machine translation] The criminal convict's right to be forgotten
  • Silvia Gimigliano

Research output: Types of ThesisDoctoral Thesis

Abstract

[Machine translation] The paper, divided into four chapters, aims to analyze the right to be forgotten in relation to the figure of the criminal convict. When the latter is the owner, this right poses, in fact, peculiar themes and problems, worthy of independent examination. The first chapter, introductory in nature, is aimed at identifying research guidelines: the recognition of the contents and general characteristics of the subjective position makes it possible to grasp, against the light, the specificities that characterize the right to be forgotten (of the crime and) of conviction, subject to in-depth study in subsequent chapters. In particular, the second chapter is dedicated to the conflict with other legal situations, with particular regard to the issue of regulatory and jurisprudential balancing, while the third concerns the relationship with criminal principles and institutions, among which the re-educational principle enshrined in art. 27, co.3, Cost. and the extinctive causes of punishment stand out. Finally, in the fourth chapter, reasoned conclusions are formulated, highlighting, on the one hand, the fragile - yet not weak - nature of the declination under consideration, and, on the other hand, the insufficiency of the classic definitions of oblivion with reference to the figure of the convicted person
Translated title of the contribution[Machine translation] The criminal convict's right to be forgotten
Original languageItalian
Awarding Institution
  • Universita' degli Studi del Piemonte Orientale "Amedeo Avogadro"
Supervisors/Advisors
  • GENINATTI SATE', LUCA, Supervisor
DOIs
Publication statusPublished - 2022
Externally publishedYes

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

  1. SDG 16 - Peace, Justice and Strong Institutions
    SDG 16 Peace, Justice and Strong Institutions

Keywords

  • Diritto all'oblio
  • bilanciamento
  • cause estintive
  • condannato penale
  • libertà di informazione
  • memoria
  • principio rieducativo

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