[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".|
|Number of pages||30|
|Journal||DIRITTO PENALE CONTEMPORANEO|
|Publication status||Published - 2016|
- Eterointegrazione cautelare, successione di leggi, colpa