Search results for " criminal"

La giustizia riparativa: i nuovi e molteplici incroci con il rito penale

2023

The "organic discipline" of restorative justice represents one of the most significant innovations introduced by the "Cartabia reform" (L. Nr. 134/2021; D.Lgs. Nr. 150/2022). Many norms will require an interpretative effort in the context of the case-law. Among the most debated points emerge, in particular, those concerning the confidentiality of the reparative programs, the complaint and its withdrawal, as well as respect for the presumption of innocence and the impartiality of the judge. La "disciplina organica" della giustizia riparativa rappresenta una tra le più significative novità introdotte dalla "riforma Cartabia" (L. n. 134/2021, D.lgs. n. 150/2022). Molti profili richiederanno un…

Correctness of judicial information and impartiality of the judge: the distortions of the media criminal trial

2022

This analysis, which focuses on the difficult relationship between criminal justice and judicial information, examines only some of the most controversial aspects, starting with an undisputed premise, namely that over time the function of communication in judicial matters has changed, evolving from informative to formative. I will reflect on the hiatus between the real justice as exercised in courtrooms and justice perceived by the public through media narratives, paying particular attention to the distortions of the so-called media trial and the resulting bias in the exercise of judicial power. Finally, we will consider possible solutions, which, in a perspective of striking a balance betw…

Profili evolutivi, sistematici e applicativi della legislazione antimafia

2021

Il saggio tratta i lineamenti evolutivi della legislazione antimafia.

Certezza del giudizio, della colpevolezza e del giudicato: l'essenza triadica della cognizione ordinaria penale

2022

The essay aims to analyse the value of certainty in relation to the criminal proceeding of ordinary cognition. In particular, the Author intends to deepen the variegated and complex role that the legal certainty assumes, respectively, in the context of judgment, guilt and res judicata. This will allow to highlight the subtle but indestructible fil rouge running along the three souls of the jurisdiction in criminalibus, which brings into play the most essential interests, freedoms and values of an individual.

The principle of mandatory criminal prosecution and the independence of public prosecutors in the Italian criminal justice system

2010

The purpose of this article is to explain the reasons for adopting, in Italy, the principle of mandatory criminal prosecution. This rule is closely connected to the role and functions of Italian public prosecutors. The supreme guarantee deriving from the rule governing the mandatory status of criminal prosecution is to safeguard the equal treatment of all citizens before criminal law. This is possible only if criminal prosecution is the responsibility of a public body carrying out public functions without any external interference. This is the reason for the independence of public prosecutors from the other powers of the state. But, there has been a tendency to separate the status of public…

Artt. 540, 556-574 ter c.p.

2019

Commento alle norme del codice penale italiano in materia di reati contro la famiglia

Redefining organized crime: a challenge for the European Union?

2017

Il diritto penale della criminalità organizzata

2013

Il volume ricostruisce tutto il sistema penale della disciplina giuridica della criminalità organizzata.

Il diritto penale dell'immigrato: brevi spunti di riflessione sul diritto penale della paura

2013

Criminal law of immigration should be more conveniently defined “criminal law of the irregular immigrant”, centred, as it appears essentially focused on the criminalisation of mere subjective statuses, instead of behav- iours harming legal goods. In fact, behind the cover of an apparent balance of the need for protection of human rights and the interest to the control of mi- gration flows, the criminalisation system in this sector appears greatly unbal- anced towards the punishment of socially dangerous types of authors. This is, therefore, a model of criminal law very similar to the “enemy criminal law”. The ratio inspiring the regulations has not changed even after its adapta- tion, throu…

Excusiology. Tentativo di una traduzione penalistica dell’effetto Lucifero

2020

The article tries to figure out whether and to what extent the situationist approach by Philip Zimbardo, as it emerges in The Lucifer Effect, can be translated into penal terms. The notorious case of Abu Ghraib, as presented by Zimbardo in his book, is used as a test. The article is divided into three parts. The first part is devoted to reconstructing the features of the “Abu Ghraib situation” (AGs), which is described by Zimbardo as a total situation causing deindividuation (in authors) and dehumanization (of victims). In the second part, the AGs’ features are compared to those of moral coercion: while the latter is generally assumed to have a transformative effect on the moral value of th…