Abstract
[Autom. eng. transl.] The book deals with the issue of ascertaining fraud in criminal law, with an interdisciplinary approach and according to a methodology consistent with the principles of specificity of the case and personalization of the judgment. The study, after giving an account of a wide range of case histories on various criminal phenomena, focuses on the concept of intention in relation to the test instruments available in the process, alternating theoretical reflection and comparison with practice. Also through a comparative research, the reference to the "reasonable man" in the fraud and the theme of individualization is analyzed, with its limits, to then enucleate, after a comparison with the most recent doctrinal and jurisprudential orientations, the coordinates of a try "beyond a reasonable doubt". The monograph concludes with the formulation of a probative rule, to be inserted in the perspective of reform in the penal code, which could guarantee a rigorous and controllable assessment.
| Translated title of the contribution | [Autom. eng. transl.] The assessment of willful misconduct. Determination, normativity and individualization. |
|---|---|
| Original language | Italian |
| Publisher | Giappichelli Editore |
| Number of pages | 478 |
| ISBN (Print) | 9788892114029 |
| Publication status | Published - 2018 |
Keywords
- Accertamento
- Dolo
- Individualizzazione
- Oltre ogni ragionevole dubbio
- Principio di colpevolezza
- evidence
- intention
- mental element
- proof
