Convenzioni, direttive e legislazione nazionale: un fronte comune di lotta contro i delitti a sfondo sessuale a danno di minori nella legge di ratifica n. 172/2012

Translated title of the contribution: [Autom. eng. transl.] Conventions, directives and national legislation: a common front to fight against sexual crimes against minors in the ratification law n. 172/2012

Research output: Book/ReportBook

Abstract

[Autom. eng. transl.] The interest of the supranational legislator towards the victims of crimes has recently progressively intensified. This interest is justified by the unavoidable need to harmonize the instruments for protecting offended persons, but also in the felt need to strengthen these instruments both at a supranational and national level. Special attention is dedicated by the supranational legislator to particularly vulnerable victims, such as minors. Among the most recent sources is the Council of Europe Convention for the Protection of Children against Sexual Exploitation and Sexual Abuse, signed in Lanzarote on 25 October 2007. Considering that the phenomena of sexual exploitation of children, particularly in the form of of child pornography and prostitution, involve a serious danger to their health and to their correct psycho-social development, this Convention has traced multiple paths of reform, committing the Member States to develop regulatory strategies able to combat these phenomena both through prevention and repression, both through national and international cooperation. After having highlighted the most recent evolutionary lines in place in the supranational panorama with respect to the objective of a more effective protection of the child, the work critically analyzes the choices made by the Italian legislator, who ratified the Lanzarote Convention with the law 1 October 2012 This reform has introduced multiple changes to the current legislation on sexual crimes, focusing first and foremost on substantive criminal law, with the provision of new incriminating cases aimed at providing the child with more effective protection, also in relation to - between the other - the spread of new communication technologies and their increasing use by minors, with consequent greater exposure to the risk of victimization. However, the reform intervention was also oriented towards the introduction of structural changes with respect to the existing legal framework, and the adaptation of procedural institutes in the perspective of a more effective protection of the child.
Translated title of the contribution[Autom. eng. transl.] Conventions, directives and national legislation: a common front to fight against sexual crimes against minors in the ratification law n. 172/2012
Original languageItalian
PublisherGiappichelli Editore
Number of pages95
ISBN (Print)978-88-348-8879-7
Publication statusPublished - 2014

Keywords

  • Convenzione di Lanzarote
  • Delitti a sfondo sessuale
  • Diritto penale
  • Minore vittima di reato

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