La famiglia, le famiglie: nuovi orizzonti della tutela penale

Translated title of the contribution: [Autom. eng. transl.] The family, the families: new horizons of criminal protection

Research output: Contribution to journalArticle

Abstract

[Autom. eng. transl.] The paper reproduces the intervention at the Conference "From family law to families of rights: civil, criminal and procedural safeguards", held in Milan at the University of Milan-Bicocca on 15 and 16 March 2007. The Author highlights the aspects of complexity that characterize the family in the current socio-cultural scenario, focusing its attention on two particularly significant issues in the perspective of criminal law: the legal significance to be attributed to the relations arising from the cohabitation of fact, in terms of limits and the modalities of its protection, and the incidence of cultural pluralism in family dynamics, in relation to offensive behavior of fundamental human rights, which cultural codes different from ours would seem to legitimize. In the face of a criminal landscape in which the concept of "family" has lost the connotations of certainty and rigidity that characterized it at the time of the enactment of the Rocco code in 1930, and in which conflicts emerge that arise from the comparison between different family models, the Author highlights that, in the absence of precise choices by the legislator, judicial practice runs the risk of becoming the terrain of emergence of disharmony and deficiencies of protection, projecting a shadow of uncertainty onto the criminal law, which contrasts with the guarantee requirements underlying the principle of legality.
Translated title of the contribution[Autom. eng. transl.] The family, the families: new horizons of criminal protection
Original languageItalian
Pages (from-to)572-596
Number of pages25
JournalRIVISTA ITALIANA DI DIRITTO E PROCEDURA PENALE
Publication statusPublished - 2008

Keywords

  • Delitti contro la famiglia
  • Diritto penale e famiglia
  • Famiglia di fatto

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