Translated title of the contribution | [Autom. eng. transl.] Penalty system and culpable offenses |
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Original language | Italian |
Title of host publication | Enciclopedia del diritto - I tematici vol. II - Il reato colposo |
Pages | 1200-1216 |
Number of pages | 17 |
Publication status | Published - 2021 |
Abstract
[Autom. eng. transl.] The text criticizes the response of criminal law to the culpable causation of the unwanted event according to a model identical to the one concerning the intentional crime, except for a quantitative diversification of the sanctioning entities (which, moreover, has been somewhat reduced, as is well known , with regard to specific culpable offenses). The inconsistencies on the logical level, inherent to the different structure of the two types of crime, and on that of prevention, as well as the striking contrast profiles with respect to a non-reductive reading of the constitutional principle of guilt, are underlined. Also in the light of the fact that the Italian management criterion, in terms of sanctions, of the culpable offense is not at all undisputed in the international panorama, some feasible ways to reduce the abnormal effects of the current legislation on culpable criminal liability are conclusively indicated, as well as the possible solutions for a reform of the whole subject.
Keywords
- pena e reato colposo
- prevenzione del reato colposo
- reato colposo
- reato colposo e principio di colpevolezza