Observaciones sobre el principio de inviolabilidad de la libertad personal

Abstract

This work analyses the relevance of Article 13 of the Italian Constitution for the Italian criminal justice system. According to the first paragraph of Article 13, “Personal liberty is inviolable”, which is considered by the author as a fundamental disposition not only for the procedural law, but also for criminal law, as long as it entails the principle of inviolability of personal liberty. This conclusion comes from the interpretation of the drafting work of the Italian Constitution and the relations between all the constitutional principles explicitly taken into consideration by the lawmaker (legal reservation, legal certainty and nulla poena sine culpa principles) and those not explicitly written, but deducible from Article 13 of the Constitution (extrema ratio principle and harm principle).