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 |
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| Original language | Italian |
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| DOIs | |
| Publication status | Published - 2022 |
| Externally published | Yes |
UN SDGs
This output contributes to the following UN Sustainable Development Goals (SDGs)
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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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