Seguridad y Derecho Penal en Italia y en la Unión Europea

Abstract

The author presents a complete overview of the existing relationships between security and penal law, both in Italy and in the European Union; firstly, by developing the conceptual framework, in which he primarily distinguishes two meanings of the idea of "security": a less liberal one, connected to the idea of "public security", understanding security as an end that would justify curtailing rights and liberties; and a more liberal one, that understands security as a good deserving of protection or as a right of citizens. Then, the author illustrates the way in which these meanings have been formalized, comparatively, in Italian and the European Union's criminal policies (by analyzing the legislative and judicial situations), and concludes with his personal point of view, in favor of a more liberal meaning of security in criminal law.