Fattispecie di reato e delinquenza minorile: questioni attuali di imputabilità

Translated title of the contribution: [Autom. eng. transl.] Crimes and juvenile offenses: current matters of imputability

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

[Autom. eng. transl.] The contribution explores the issue of ascertaining criminal accountability, which in the case of the offender of less than eighteen years requires the investigation of an ability to understand and to want completely peculiar with respect to that of the adult. The capacity for self-determination and understanding of the subject's activity between the fourteen and eighteen years, in fact, must be evaluated according to its degree of "maturity". The assessment required presents aspects of difficulty, given the complexity of this notion and the plurality of factors that can contribute to its evaluation. Particular significance for the purposes of this judgment is assumed by the actual materially realized fact, which becomes a sort of objective index to which the agent's capacity for discernment and volition can be related. The author focuses in particular on the problems that emerge from the most recent practice, highlighting some cases with which the jurisprudence had to confront: from them transpires the discomfort of a judgment on the child's maturity in which the needs of general prevention and remuneration are compared with those of special prevention. The problematic aspects that characterize the concept of maturity and its ascertainment are then accentuated in a particular way in relation to the crimes that offend sexual freedom and to the conduct - increasingly frequent among adolescents - of the distribution of pornographic material. These are behaviors with respect to which - above all in the current social context, characterized by the extreme ease of communicational modalities - a serious reflection must be made about the fact that the real ethical-social value of such behaviors is immediately and effectively perceptible by the minor person .
Translated title of the contribution[Autom. eng. transl.] Crimes and juvenile offenses: current matters of imputability
Original languageItalian
Title of host publicationScritti in memoria di Giuliano Marini
Pages51-75
Number of pages25
Publication statusPublished - 2010

Keywords

  • Delinquenza minorile
  • Imputabilità
  • Maturità del minore

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