L'insostenibile leggerezza del testo. la responsabilità perduta della progettazione politico-criminale

The paper focuses on the effects caused by an inadequate criminal legislation on the jurisprudence. In particular, the Author underlines the gradual decline of the role of the Parliament, which has caused a predominance of the executive power above the legislative one. It consists, as severe consequence, in the persistent absence of strategy of criminal policy involving the different legal systems, which favours a populist criminal law. This phenomenon also influences the process of creating criminal offences. For these reasons, the paper gives some criteria useful to preserve the reassurances offered by the principle of legality.