Spazio sociale, non-luoghi, eterotopie nella «modernità radicale» del fatto colposo. Il settore della navigazione aerea come punto di osservazione privilegiato per ripensare la colpa grave

[Autom. eng. transl.] The contribution starts from the awareness of the non-neutral character of «space» (physical, architectural) with respect to the construction of legal discourse and from the typically Foucaultian connotation that frames it as an aesthetic projection of the social relations and power relations that exist there. This relationship of mutual conditioning emerges, in a particular way, in those oppositional spaces (with Foucault, «other spaces», «heterotopias») that are essentially (also) the places of crossing, in a sense that partly recalls that expressed by Walter Benjamin in the Passages de Paris and that, in the time of «radical» modernity, surpass the so-called anthropological or identity-based places, finding their most complete realization in railway stations and airports; the «other spaces» are first and foremost territories of complexity and «excess»: of available information, of intersubjective networks, of risks often dominated by the progress of technology. Identifying in the air navigation sector a privileged observation point of the recalled dynamics, the paper reflects on the need to introduce «selective forms of culpable reprimand» addressed, although the time for a general rethinking of article 43 c.p. is considered «ripe», to particular categories of risk managers - in particular, air traffic controllers - in the face of adverse events that occur in controlled flight spaces; the idea goes, more precisely, in the direction of limiting the criminal relevance of non-compliance conduct to gross negligence only, for which a definition is proposed, also developing useful indices to assist in determining the degree. The narrowing of the area of culpable typicality is, in essence, functional to a need to modernise criminal guilt, even with the specification that the systemic-organisational character that characterises the genesis of harmful events in the "counter-spaces" would encourage a shift from the individual to the collective level of imputation and, therefore, a "repositioning" of responsibility from the natural person to the entity, in a way that encourages the effective emancipation from a - still rooted - anthropic dimension of the ascriptive event.