La ‘regola di Sully’. L’incidenza del fattore umano sulla costrizione dell’homo eiusdem professionis et condicionis

The criterion of homo eiusdem professionis et condicionis has for some time been subjected to sharp criticism which aims to expunge it from the rules of judgment usually employed to ascertain and evaluate criminal negligence. The parameter suffers from the precarious position between the point of view of the concrete agent and the point of view of the legal system and reflects the tension between the search for the best defense of the interest protected by law and the indispensable defense of the guarantees of the person subjected to criminal proceedings. The identification of an acceptable equilibrium point, always to be anchored to the concrete case, can benefit from the acquisitions of safety sciences, through an enhancement of the so-called human factor in highly complex decision-making contexts, capable of bringing the position of the judge closer to that of the judged, without falling into an excess of subjectification.