[Autom. eng. transl.] The systematic research conducted in the context of the Criminal Law Treaty focuses on the fundamental subjective references of the general theory of the crime, namely the offender and the offended person, developing their mutual relationship in a dynamic perspective, not only as protagonists of the abstract legislation, but also in the light of the most significant procedural aspects connected with the substantive law relating to them. With regard to the active subject of the crime, in fact, the investigation focuses on the profiles relating to imputability and criminal capacity, analyzing typical assumptions and forms and analyzing the main difficulties in terms of probative assessment. Furthermore, in the wake of this study, the author's reflection on the usefulness of the psychopathological expertise tool is placed, without neglecting extensive references to the most innovative investigation techniques offered by neuroscience in this field. With regard to the passive subject of the crime, instead, the Author reviews the main doctrinal approaches at European level - from the so-called "victim-dogmatic", of German origin, to those inherent to the principles of "self-responsibility" and "entrustment ", Mostly developed in the matter of culpable wrongdoing - to revive, always through the analysis of the main procedural tools currently available - a renewed attention on the part of the entire penal system towards the victim. Finally, the last chapter of the work lays the foundations for a further area of scientific research: the responsibility of the offender. The course of the following in-depth analysis is outlined here through the study of the sources of juvenile criminal law, both substantive and procedural, and of the most significant interpretations provided by the Constitutional Court relating to the constituent factors and the practical consequences of criminal responsibility on the part of the minor of eighteen years. The author thus seizes the opportunity to highlight the inadequacy of the current order to achieve the objectives of prevention, protection and re-education which, with respect to minors, assume a central and indispensable importance.
|Translated title of the contribution||[Autom. eng. transl.] The offender and the offended person. Juvenile criminal law|
|Number of pages||371|
|Publication status||Published - 2009|
|Name||Trattato di Diritto penale diretto da C. F. Grosso - T. Padovani - A. Pagliaro|
- Autore del reato
- Diritto penale minorile
- Persona offesa