Sciopero della fame del detenuto e alimentazione forzata. Profili etico-giuridici

This contribution addresses the issue of the power of public authorities to resort to force-feeding if a prisoner on hunger strike is in danger of dying. This issue is analyzed from an ethical and legal point of view, with reference, on the one hand, to the principle of self-determination of the person and, on the other hand, to the rules established by Law no. 219/2017. The legal concept of “adequacy” of the DAT (“Disposizioni Anticipate di Trattamento”, Advanced Treatment Provisions) is also discussed. Finally, the use of force-feeding is examined in the light of the doctrine of the “criminal law of the enemy”, a controversial philosophical-juridical theory which states that some subjects, considered “enemies” of society and the State, are knowingly denied the protection and guardianship guaranteed by constitutional norms.