Fatti culturalmente motivati e motivi culturali. Prospettive di responsabilità penale nella società multiculturale

[Autom. eng. transl.] The essay proposes an investigation into the most recent developments in the relationship between multiculturalism and criminal law. Starting from the definition, now used in the legal-criminal sphere, of "culturally motivated crime", the paper examines the ambiguity inherent in the use of the concept of "reason" or cultural "motivation", as a non-univocal indicator with respect to a culturally motivated fact. In light of what emerges from the most recent jurisprudence on the subject of crimes against the person, we highlight the need for an investigation that allows us to verify the actual existence of a consolidated cultural tradition, which has influenced the agent's motivational process: this verification would allow us to recognize as unfounded claims of "cultural" difference, that they find their foundation only in a subjective conception of the person or of interpersonal relationships. In the concluding part of the paper, the existence of new legislative reform projects is highlighted, aimed at incriminating conduct that can be traced back to clearly recognizable cultural traditions.