ETEROINTEGRAZIONE CAUTELARE E SUCCESSIONE DI LEGGI NELLE CADENZE STRUTTURALI DELL’ILLECITO COLPOSO. In particolare: il microsistema degli spettacoli musicali, cinematografici e teatrali delineato dal «decreto palchi».

Translated title of the contribution: [Autom. eng. transl.] CAUTIONARY HETER INTEGRATION AND SUCCESSION OF LAWS IN THE STRUCTURAL CADENCES OF THE MISUSE. In particular: the microsystem of musical, cinematographic and theatrical performances outlined by the "stage decree".

Eliana Greco

Research output: Contribution to journalArticle

Abstract

[Autom. eng. transl.] For the structural void that characterizes it, the negligent type has been defined as having an "incompleteness" and an openness towards a constant external reference of typicality, which translates into the inalienability of a heterointegrative-precautionary contribution and, that is, in the necessary recourse to rules of conduct (positive or even praxeological) as a co-foundation of the typical fact. These peculiarities give rise to considerable problems which firstly concern the connection between the theory of guilt and the principle of legal reserve and, subsequently, the correct classification of the precautions in the geography of the negligent fact, their attraction in the application spectrum of Article 2 of the Criminal Code and their integrative attitude even when - crystallized in subordinate sources - are not limited to a specialist contribution. To the analysis of these profiles - with respect to which the ministerial decree in question offers the starting point for careful reflection - the present text is intended.
Translated title of the contribution[Autom. eng. transl.] CAUTIONARY HETER INTEGRATION AND SUCCESSION OF LAWS IN THE STRUCTURAL CADENCES OF THE MISUSE. In particular: the microsystem of musical, cinematographic and theatrical performances outlined by the "stage decree".
Original languageItalian
Pages (from-to)126-155
Number of pages30
JournalDIRITTO PENALE CONTEMPORANEO
Volume2016
Publication statusPublished - 2016

Keywords

  • Eterointegrazione cautelare, successione di leggi, colpa

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