Complessità psicologica delle condotte umane e sistema sanzionatorio penale. Note in margine a D. Piva, Le componenti impulsive della condotta. Tra imputabilità, (pre)colpevolezza e pena, Jovene, Napoli, 2020

The paper highlights how the interest in a non-reductive approach to the psychological complexity of criminal conducts cannot be limited only to cases in which it makes possible to exclude the sanity or, however, the guilt of the offender. Even in ordinary cases in which this does not occur, therefore, the sanctioning modalities shall take into account this complexity, which can only take place in the context of responses to the crime no longer conceived in a retributive sense, but as a project: promoting, above all, sanctions with prescriptive nature. It is also noted, in line with Daniele Piva's elaboration, that the studies on the impulsive components of conduct and, in general, on the cerebral correlates of voluntary action are not at all able to solve the mystery of human freedom in a deterministic sense. Rather, the impossibility of weighing decision-making autonomy with respect to the factors affecting individual choices makes the theoretical assumptions of a retributive concept of justice unsustainable.