Imputazione processuale e reati colposi

[Autom. eng. transl.] The clear and precise objection of the accusation by the public prosecutor according to the ritual code must "embrace" all the components of the typical criminal law and, fully, the nomen iuris, and must always be updated promptly by the public part with respect the evidentiary results of the phase for the correct functioning of the constitutional principles and agreements of the criminal proceedings. In the face of this almost peaceful thesis in doctrine, a different and dating back jurisprudential reading is still consolidated which is satisfied, where the object of the thema probandum are culpable and unlawful crimes dependent on culpable crime pursuant to Legislative Decree no. lgs. n. 231 of 2001, of the initial description in the criminal action act of the guilt profiles of the charge in a generic and comprehensive way. Furthermore, these profiles can be "updated" autonomously in the sentence by the judge who condemns, as long as they result from the documents and the accused has had the opportunity to defend himself. The need to overcome this jurisprudence and to reaffirm a constitutionally and conventionally oriented reading of the procedural discipline of reference, which imposes the punctual specification ab initio, in all the acts that contain an imputation and which consequently establish the thema decidendum, of the rules precautionary measures that are assumed to be violated at the basis of the "guilt" and of all the elements and factual circumstances underlying the relative non-compliance, as a sine qua non for the respect of the defendant's right of defense and, at the same time, to guarantee in a fair trial the effectiveness of the golden rule of contradictory in the formation of evidence between the parties also for the purposes of a correct and complete motivation of the final sentence of the judgment.