Rischio consentito e responsabilità: alcune puntualizzazioni a margine di un interessante provvedimento di archiviazione

The paper draws inspiration from the dismissal of a criminal case involving the liability of the parents of a 5-year-old child, who caused the death of an elderly woman by accidentally hitting her while learning to ride a bike under his father's supervision. The aim is to reflect on the distinction between events that have criminal relevance and tragic accidents. In this context, the conclusion of the criminal proceedings is particularly noteworthy, as it reached a fair outcome. This contrasts with many other cases, where verdicts often rigidly evaluate guilt, seeking a criminal law solution even for situations that should be addressed with different legal instruments.