Pericolo astratto e limiti soglia. Le promesse non mantenute del diritto penale

[Autom. eng. transl.] The volume examines the controversial category of abstract danger crimes and the "modern" evolution of this type of incrimination: the overcoming of hypercautelative threshold-limits. After analyzing the contribution that different legal knowledge offers to the analysis of the concept of danger and to that of rational forecasting (and decision), the volume traces the traditional classifications of danger crimes, highlighting how they, on the one hand or on the other other, they present aporias and criticalities such as to require an accurate rearrangement of the matter. A proposal is therefore provided to classify the traditionally most problematic category, that of abstract danger crimes, highlighting in particular the interpretative constraints to be observed in order to ensure compliance with fundamental constitutional principles, first of all that of the necessary offensiveness of the fact. The survey then examines those figures of crime, the result of the contamination of criminal law with the solicitations coming from the precautionary principle, which revolve around the overcoming of threshold values set in legislation at levels very distant from those of real damaging potential of the pipelines. The author's expressed judgment is that even this "revisited" version of a criminal case linked to the need to ensure protection from the dangers of postmodern society is not able to adequately maintain the promises that it makes, as it is too far from the minimum standards of constitutional legality that must assist the incriminating criminal laws.