Verso la fine del dolo eventuale? (Salvaguardando, in itinere, la formula di Frank)

Translated title of the contribution: [Autom. eng. transl.] Towards the end of the possible fraud? (Safeguarding, in itinere, Frank's formula)

Research output: Contribution to journalArticle

Abstract

[Autom. eng. transl.] Starting from the observation of how the illegal conduct held in the awareness of its dangerousness, but not in order to cause the offensive event it has produced, very rarely entails a high ex ante risk of causation of the same and manifest a psychological attitude truly distinguishable from guilt. conscious, the contribution argues about the possibility of overcoming the category represented by the possible fraud: a category which, responding to (supposed) needs of exemplary sanction or to extend the scope of the punishment of relevant crimes only by way of fraud, has ended up hindering forms of intervention of the legislator that are more efficient from a preventive point of view, attributable, above all, to the control of dangerous pipelines. Moreover, it is evident that, as long as the notion of possible fraud is used, it requires the assessment of an effective psychological state, not replaceable through normative judgments, and as the only psychological state really different from the intention and mere awareness of the risk is that which is caught in direct malice and through a rigorous application of Frank's formula, which motivates the validity in relation to some traditional critical objections.
Translated title of the contribution[Autom. eng. transl.] Towards the end of the possible fraud? (Safeguarding, in itinere, Frank's formula)
Original languageItalian
Pages (from-to)118-127
Number of pages10
JournalDIRITTO PENALE CONTEMPORANEO
Publication statusPublished - 2014

Keywords

  • differenza fra dolo e colpa nel diritto penale
  • dolo eventuale
  • formula di Frank
  • natura psicologica del dolo

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