Condizioni e fattori di promozione della pena prescrittiva

[Autom. eng. transl.] The contribution intends to analyze the conditions and factors for promoting prescriptive penalties in the proposals for the reform of the criminal code, evaluating the potential of an analytical and differentiated typification - including a comparative approach and broad intra-ordinal dialogue - and the reasons for preferring a binding nature legislative provision. The subordination of the accused's consent to the consent, the modalities for the expression of this consent, the cases in which consent must be requested and the need to provide for an equivalent coercible penalty are also assessed, in the context of the controversial relationship between consent and afflictivity of the penalty. Finally, some reflections are presented about the observed resistance to the introduction of behavioral prescriptions as main penalties, in a critical approach to the two assumptions of the instantaneity and one-sidedness of the sentence.