Translated title of the contribution | [Autom. eng. transl.] Precaution (principle of) |
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Original language | Italian |
Title of host publication | Enciclopedia del diritto |
Pages | 975-1004 |
Number of pages | 30 |
Publication status | Published - 2021 |
Abstract
[Autom. eng. transl.] The contribution analyzes the precautionary principle, which has by now assumed, especially in the most recent criminal jurisprudential practice, a protean nature that has propitiated its application, sometimes surreptitiously, with reference to an increasingly large, and heterogeneous, number of criminal offenses. The investigation will first focus on the framework of the international and internal regulatory sources that establish the precautionary principle, and then analyze the most significant jurisprudential experience gained with regard to criminal matters, trying, lastly, to trace a summary of the impacts that this principle unfolds on the fundamental categories of criminal law - with particular regard to the principles of typicality-predictability, offensiveness and guilt - in order to propose a more adequate perimeter to the applicative scope of the precautionary paradigm within our legal system.
Keywords
- Colpa
- Principio di precauzione
- Sicurezza dei prodotti
- Tutela dell'ambiente