Per un diritto penale in movimento. Il problema dell’accertamento del “coefficiente minimo di partecipazione psichica del soggetto al fatto”

Translated title of the contribution: [Autom. eng. transl.] For a criminal law on the go. The problem of ascertaining the "minimum coefficient of psychic participation of the subject in the fact"

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Abstract

[Autom. eng. transl.] Taking its cue from the growing influence that behavioral sciences exert on the study of economics, the essay analyzes the problem of proof of guilt in the criminal trial, with particular reference to the subjective profiles of guilt. The author suggests incorporating the most recent achievements of cognitive science, anthropology and sociology, so as to identify reliable and realistic parameters on which to base a "particularistic" judgment of guilt. The judge, having abandoned the intuitive judgments and the "folk psychology", is required to embrace the contributions coming from the different branches of knowledge and - subsequently - to take the perspective of the agent, so as to fully understand the meaning of the defendant's conduct, possibly also making use of technical assessments entrusted to experts in behavioral sciences.
Translated title of the contribution[Autom. eng. transl.] For a criminal law on the go. The problem of ascertaining the "minimum coefficient of psychic participation of the subject in the fact"
Original languageItalian
Pages (from-to)1625-1665
Number of pages41
JournalRIVISTA ITALIANA DI DIRITTO E PROCEDURA PENALE
Publication statusPublished - 2018

Keywords

  • coefficiente psichico
  • colpa
  • colpevolezza
  • culpability
  • evidence
  • folk psychology
  • misura soggettiva
  • negigence

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