Introduction of the Crime of Torture into the Italian Legal Order

Law No. 110 of 14 July 2017, passed with 198 votes in favour, 35 against and 104 abstentions, introduces the crime of torture into the Italian legal order, implementing, in this way, the provision enshrined in Article 4.1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), adopted in 1984 under the aegis of the United Nations, according to which «each State Party shall ensure that all acts of torture are offences under its criminal law». In fact, by confronting the offence of torture as delineated by the CAT and the elements of the offense introduced in the Italian legal order, this paper show that several incongruities emerge