The object of this research project has been the “crimes characterized by necessary complicity of more people”. This category has been slightly considered by the most recent scholarly opinion and case law, even if it is very important because it involves general and special profiles of criminal law. The work has started from the definition and the classification of this kind of crimes. The first chapter is focused on several doctrinal opinions about this theme (that can be divided in two groups: on one side, the Authors who support a wide conception; on the other side, the Authors who support a restricted conception) and the most significant rulings of our Supreme Court. It has also been very important to separate this category from other legal devices, first of all the conspiracy. The second chapter concerns the most difficult questions related to the “crimes characterized by necessary complicity of more people” where not all (the subjects) are punished: firstly, the reason why one of the subjects is exempted from punishment; then, the possibility to punish or not the nominate action and the possible nameless actions committed by the same subject. After a general reconnaissance about the different doctrinal opinions and rulings on this theme, it has been necessary to reconsider the topic in another way. That is why, in the third chapter is explained another definition (that replaces the mostly used): “criminal cases in issues characterized by a plurality of people and actions as fundamental elements”. The aim has been to look at the phenomenon from a normative/abstract perspective, considering that what we call crime is the result of all the objective and subjective elements used by our legislator in each description. A general view has permitted to not pay attention only to the subject who can be punished but also to the other subject exempted by punishment, because with his action he contributes to the configurability of the crime. In the last chapter are analyzed some important crimes that the doctrine calls “crimes characterized by necessary complicity of more people” where not all (the subjects) are punished. According to the definition suggested, it hasn’t been easy to identify “criminal cases in issues characterized by a plurality of people and actions as fundamental elements”: firstly, because the plurality of people and actions it is not always expressly described but it can be obtained from the kind of words used by the legislator; secondary, it is easy to confuse the naturalistic perspective with the normative perspective. The last part of the fourth chapter is about the role of the subject who is not punished: if he does what the legislator has described, he cannot be punished using the article 110 (criminal law code) because it would be against the most important guarantees of our criminal system. Instead, if the same subject does another action that is not described by the legislator, he can be punished using the article 110 (criminal law code). But the legal operator must consider some aspects: the kind of balance between the actions of the different subjects who are part of the criminal case in issue, and the real difference between the new action and that one described, respecting some important criminal law principles.
Il reato a concorso necessario improprio
GUIDI, Arianna
2018
Abstract
The object of this research project has been the “crimes characterized by necessary complicity of more people”. This category has been slightly considered by the most recent scholarly opinion and case law, even if it is very important because it involves general and special profiles of criminal law. The work has started from the definition and the classification of this kind of crimes. The first chapter is focused on several doctrinal opinions about this theme (that can be divided in two groups: on one side, the Authors who support a wide conception; on the other side, the Authors who support a restricted conception) and the most significant rulings of our Supreme Court. It has also been very important to separate this category from other legal devices, first of all the conspiracy. The second chapter concerns the most difficult questions related to the “crimes characterized by necessary complicity of more people” where not all (the subjects) are punished: firstly, the reason why one of the subjects is exempted from punishment; then, the possibility to punish or not the nominate action and the possible nameless actions committed by the same subject. After a general reconnaissance about the different doctrinal opinions and rulings on this theme, it has been necessary to reconsider the topic in another way. That is why, in the third chapter is explained another definition (that replaces the mostly used): “criminal cases in issues characterized by a plurality of people and actions as fundamental elements”. The aim has been to look at the phenomenon from a normative/abstract perspective, considering that what we call crime is the result of all the objective and subjective elements used by our legislator in each description. A general view has permitted to not pay attention only to the subject who can be punished but also to the other subject exempted by punishment, because with his action he contributes to the configurability of the crime. In the last chapter are analyzed some important crimes that the doctrine calls “crimes characterized by necessary complicity of more people” where not all (the subjects) are punished. According to the definition suggested, it hasn’t been easy to identify “criminal cases in issues characterized by a plurality of people and actions as fundamental elements”: firstly, because the plurality of people and actions it is not always expressly described but it can be obtained from the kind of words used by the legislator; secondary, it is easy to confuse the naturalistic perspective with the normative perspective. The last part of the fourth chapter is about the role of the subject who is not punished: if he does what the legislator has described, he cannot be punished using the article 110 (criminal law code) because it would be against the most important guarantees of our criminal system. Instead, if the same subject does another action that is not described by the legislator, he can be punished using the article 110 (criminal law code). But the legal operator must consider some aspects: the kind of balance between the actions of the different subjects who are part of the criminal case in issue, and the real difference between the new action and that one described, respecting some important criminal law principles.File | Dimensione | Formato | |
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tesi dottorato_GUIDI.pdf
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tesi dottorato_GUIDI.pdf
accesso aperto
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1.5 MB
Formato
Adobe PDF
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1.5 MB | Adobe PDF | Visualizza/Apri |
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https://hdl.handle.net/20.500.14242/194614
URN:NBN:IT:UNIMC-194614