by Massimiliano Fanni Canelles
Are 43, according to Amnesty International, the States continued to apply the death penalty. In some of these, the measure is intended only for particularly serious crimes, like murder, in others, even for crimes like robbery, rape, adultery. Japan and the United States are the only two members of the G8 countries to keep running in their judicial system. In Italy, Minister Zanardelli had abolished this form of “justice” in 1889, with the exceptions of regicide and high treason in wartime. The death penalty was reintroduced in the fascist period and then prohibited by the Constitution of 1948, except, again, periods of war. Was completely abolished by the Military Criminal Code until 1994, with reference to wartime, the Constitution in 2007. Considering the countries close to us, we observe that the death penalty was abolished in the Vatican City in 1967, thanks to Pope Paul VI and removed by the Basic Law only in 2001 at the initiative of Pope John Paul II.In the last 40 years, all the Europe countries have eliminated. It remains legally effective only in Belarus, while the European Union proclaims the abolition with Article 2 of the Charter of Fundamental Rights: “Everyone has the right to life e. .. Nobody can be sentenced to death or executed. “The function of deterrence to crime is the most commonly used argument by proponents of this measure. The studies on the subject, however, are not have never been able to relate the death penalty with a decrease in the rate of crime: the crimes that are of concern in society, often missing the element of premeditation, as the fear of punishment is not perceived in an excess of anger or under the influence of drugs.On the contrary, seems to show an increase in violent crime in those Countries maintainers. Another argument in support of the death penalty is its retributive function: it calls for a penalty “appropriate for the crime,” a sort of revenge of the State, the same amount against the offender, to alleviate the pain and rise from distress of family members victim. Capital punishment, however, is also a way to cover the failure of the company clearly evident in the recovery of subjects deflected or marginalized. This method of inducing fear and social control used by some governments who cannot cope with the crime and to involve their institutions in the minority and non-lined groups. The death penalty is a silent drama that shakes the public opinion only when a person guilty of minor offenses, or even innocent, he runs the risk of being executed. One possibility not as remote, if one takes into account the statistical analysis highlighted Gallup Institute: it can be stated that 10% of those executed were innocent. The figure was corroborated by the American Bar Association that reveals how people accused of murder come in large part from the classes the most economically disadvantaged, those who are unable to secure adequate legal assistance. The World Coalition Against the Death Penalty – composed of, among others, by the Italian Republic and many groups – has tried to cope with this tragedy by establishing a moratorium (which entails suspension of the death penalty, while sustaining State legal institutions).In the 15 November 2007, with 99 votes favorable, 52 opposed e 33 abstained, the Third Committee of UN General Assembly adopted a resolution calling for the universal moratorium on the death penalty. The resolution was then ratified by the General Assembly December 18, 2007. A great achievement of political and diplomatic process, started in 1763 with Cesare Beccaria’s essay “The crimes and penalties”, which has led to reform of the concept of punishment, rehabilitation and rehabilitation with the final disappearance of the Executioner in the civilized and democratic world .
* It is the title of the of enlightenment Cesare Beccaria that led to the first abolition of the death penalty in the Grand Duchy of Tuscany, 30 November 1786.
Translated by Martina Delser
