[Autom. eng. transl.] The investigation relating to the circumstance of incapacity and usury circumvention, among the most significant and controversial of Title XIII of Book II of the penal code, starts from the analysis of the profound evolution that has involved the legal asset "patrimony", starting from the entry into force of our Constitution. In particular, the Author highlights how a progressive change in the political-criminal perspective, inevitably influenced also by some important choices made by other European legal systems (on this point, the reflection focuses on the experience of systematic reunification of the matter realized in Spain), nowadays it requires the interpreter to conceive the crimes referred to in Title XIII as multi-offensive, that is, as indictments placed to protect a complex of interests that are no longer strictly patrimonial, but more distinctly personal and social. From this awareness, the research unfolds bringing to light the currently detectable flaws in the overall structure of the crimes against property, both in terms of the structure of these offenses, and in terms of the sanctioning prescriptions envisaged for them, since precisely the aspects relating to the so-called "penalty dosimetry" still give rise to the greatest applicative perplexities. This critical analysis, carried out de iure condito, is intertwined with a de iure condendo perspective, projected towards the affirmation of a public-administrative-paradigm of protection (already partly introduced with the 1996 reform in terms of usury) in which they are valued the preventive aspects on the most strictly repressive ones, with the aim of extending the criminal defense beyond the patrimony as an autonomous entity, to include the sphere of the holder as a bearer of a specific interest in safeguarding his own assets, as tangible manifestations of his own personality.
|Translated title of the contribution||[Autom. eng. transl.] New horizons of crimes against property in the circumvention of incapable and usury|
|Number of pages||187|
|Publication status||Published - 2010|
|Name||ITINERARI DI DIRITTO PENALE|
- Circonvenzione di incapace
- Delitti contro il patrimonio