RICERCHE SULLA COMPARTECIPAZIONE CRIMINOSA. I TRATTATISTI DEL XVI SECOLO.

The aim of this project is directed to the study of mechanisms and rules of the auxilium in delictum according to the principles and the criminal law institutions of the 16th Century. During the 16th century, a new method finalized to the systematic analysis of the law has been put in place. In the meantime, will start the process of reorganization of the law system that will lead to the formation of the generalia delictorum. By using of expression, jurists of the late jus commune refer to the principles, the rules and the institutions of criminal law. This work will try to reconstruct, from this background and with these coordinates, the issue of the criminal liability coming from auxilium in delictum according to the theories of the 16th Century’s jurists. The 16th Century’s criminal liability features will be the subject of this work’s first part. In this context will be analyzed the issue related to the imputatio facti alieni in delictis. To investigate this matter will be first taken in consideration the objective structure of the crime and, then, the subjective one. To better understand the crime phenomenon, so, will be necessary to analyze the mechanisms which leaded to the co-responsible charge. For these reasons the first chapter will be dedicated to the to the general concept of “guilt”. The purpose of the chapter is to clarify the principles with which the 16th century’s jurists dealt with the issue of the auxilium in delictum. The second chapter will approach the concept of mandatum. Analyzing this legal principle will lead to important reflections on the objective and subjective structure of the auxilium in delictum. The third chapter will tackle the ratihabitio discipline and the fourth the consilium discipline.