Dissertations / Theses on the topic 'Misure di prevenzione personali'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 18 dissertations / theses for your research on the topic 'Misure di prevenzione personali.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.
ALBANESE, DARIO. "MISURE DI PREVENZIONE PERSONALI E GIUSTO PROCESSO. UN EQUILIBRIO POSSIBILE IN UN SISTEMA AI CONFINI DELLA GIURISDIZIONE PENALE." Doctoral thesis, Università degli Studi di Milano, 2020. http://hdl.handle.net/2434/713487.
Full textThe dissertation, entitled “Personal preventive measures and fair trial”, concerns procedural aspects of the personal preventive system as regulated by Legislative Decree 159/2011. The dissertation is structured in four chapters. The first chapter deals with the historical evolution of prevention trial. In particular, it underlines how, from the end of XIX century up to the present days, the prevention trial slowly passed from having administrative nature – that of police measures – to having indisputably recognized jurisdictional nature. The second and the third chapters are aimed at providing a reconstruction of the current legislation in force. In particular, the second chapter analyses the “static” aspects of the subject matter and focus the attention on the interference between prevention trial and criminal trial, while the third chapter illustrates the rules governing the prevention trial, in light of the case law. The fourth chapter is aimed at providing some insights for the structuring of a “fair personal prevention trial”. In a de jure condendo perspective, the author proposes to follow three different evolution lines. First, the author wishes a “re-discovery” of the principle of proportionality in the preventive sector, so as to allow the application of only those measures deemed appropriate to deal with the different forms of danger taken into account by the legislator. Secondly, the author indicates what progress could still be made in terms of defensive guarantees, in order to implement the principles of fair trial established by the Constitution and the European Convention on Human Rights. Finally, the author observes that in order to remedy the interference between the criminal trial and the prevention trial, a change in the type of offence would need to be made, by identifying behaviours which are symptomatic of danger and which are not associated with criminally relevant facts.
SANTINI, SERENA. "LE MISURE DI PREVENZIONE PERSONALI DEL TERRORISMO IN ITALIA E NEL REGNO UNITO. SPUNTI DI RIFLESSIONE PER UNA PREVENZIONE SOSTENIBILE." Doctoral thesis, Università degli Studi di Milano, 2019. http://hdl.handle.net/2434/618963.
Full textMaraldi, Vanessa <1994>. "Procedimento applicativo delle misure di prevenzione personale e rito penale: un rapporto controverso." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2022. http://amsdottorato.unibo.it/10243/1/TESI%20MARALDI.pdf.
Full textThe purpose of this thesis is to analyze the interrelationships between the procedure for the application of judicial personal preventive measures and the criminal process. Specifically, the goal is to highlight the interferences, similarities and unacceptable divergences between the two rites. Despite the fact that an apparent indifference between criminal prosecution and preventive action transpires from Article 29 of the code ant., in fact, the two spheres of protection are so intertwined that it is extremely difficult to argue that one is not in some way at least conditioned by the performance of the other. The fact, then, that the only provision containing the regulation of preventive proceedings refers, insofar as not expressly provided for and provided there is compatibility, to article 666 of the criminal procedure code, underscores the closeness with criminal proceedings; a closeness that obliges doctrine and jurisprudence to question themselves whether at least the main among the rules and principles dictated for criminal proceedings can also apply to the preventive one. The heart of the paper will therefore be devoted to this controversial work of reconstruction, in order to identify the guarantees that must (or at least should) be recognized to the proposed.
MARIANI, ELENA. "LE MISURE DI PREVENZIONE PERSONALE: RILIEVI CRIMINOLOGICI SULLA SCORTA DELL'ANALISI DELLA PRASSI NEL TERRITORIO DELLA PROVINCIA DI MILANO." Doctoral thesis, Università degli Studi di Milano, 2018. http://hdl.handle.net/2434/552604.
Full textThe prevention of crime, considered fundamental already by illustrious scholars of the past, is today considered a necessary component of every organized society by an important part of the doctrine and by the jurisprudence of both the Constitutional Court and the European Court of Human Rights. Preventing crimes is an unavoidable task, a positive obligation for a Government, with priority on punitive authority. Recognized the full legitimacy, or even better the constitutional and conventional duty of preventing crimes, it is then necessary to identify means that are, on one hand, scientifically and technically suitable to implement this purpose and, on the other hand, comply with the principles of a democratic legal system. Many, in fact, are the methods that could be used to prevent criminal offenses. They range from social and individual actions, which aim to remove the remote causes of crimes, to the adoption of preventive measures that limit personal or patrimonial freedom of people that are considered dangerous. The italian legislator is focusing on these type of measures that are considered easier and - at first sight - cheaper to be adopted than non-criminal interventions. However, the discipline and use of these measures - despite the various legislative and jurisprudential adjustments that have taken place over the years and the recognition of their legitimacy by the Constitutional Court and, with the exclusion of some aspects, by the European Court - still raise strong doubts within the doctrine. This is mainly due to their alleged quality of “penalties based on suspicion”, as used as a surrogate for an unworkable penal repression for lack of the normal probative grounds, and for their recognized ineffectiveness with respect to the preventive purpose. The achievement of a balance between the obligation to protect people and the obligation to guarantee the fundamental rights of people subjected to preventive measures is certainly difficult; however it is not completely impossible, as long as measures that have positive contents and useful for (re)socializing the individual are used. Based on these assumptions, with this work, first of all, we want to give an overview of the possible forms of crime prevention, to carry out an examination of the ante delictum personal preventive measures, both typical and atypical, which are currently used in our country and of the categories of individuals to whom they are addressed, to carry out a review of the problems that the current system raises in relation to the current categories of dangerousness, to the methods of concrete assessment of the actual dangerousness of the individual and to the limitations of freedom imposed with the preventive measure, to carry out an analysis of the indications provided by the human sciences on the most effective criteria (methods, tools and prognostic factors) to carry out a reliable prognosis of dangerousness and on the validity and limits of the predictive judgments. In a work that deals with variables that are not strictly legal, like the decision-making processes of the individual and the concept of social dangerousness, in fact, we cannot ignore the acquisitions of criminological knowledge. We then want to make a comparison between law, practice and scientific indications, in order to verify the validity and effectiveness of the current system of prevention. This comparison will be helped by a quantitative and qualitative empirical research, which was carried out in relation to the use of personal preventive measures in the Province of Milan, in the period from 2012 (2010 for the measures of competence of the police) to 2016. Finally, the intent of the present study is to formulate some hypotheses for the reform of the current system to make it reliable and legitimate at the same time. We will try to identify more modern and more suitable situations of criminal dangerousness, through the help of the psychiatric and criminological sciences, and to identify some contents, even positive and re-socializing, that preventive measures may have. In balancing of opposite interests we would like to consider the concept of “social defense” not as protection of an abstract and ‘authoritarian’ society from dangerous people, but as protection of every single person that form that society: as protection of potential victims of crime in the greatest possible respect of the rights of the potential offender. Therefore, in this perspective, we would like to focus our attention on a different model of prevention that reduces the negative-afflictive profile (isolation from the social context and limitation of certain freedoms), which today characterizes the typical preventive measures, and uses more and more a positive profile (care, re-education, reintegration), through measures that are not exclusively criminal.
SIBILIO, DAVIDE. "LA VIOLENZA IN OCCASIONE DELLE MANIFESTAZIONI SPORTIVE. IL DASPO E GLI ALTRI STRUMENTI DI PREVENZIONE E REPRESSIONE." Doctoral thesis, Università degli Studi di Milano, 2021. http://hdl.handle.net/2434/852343.
Full textThe present thesis, dedicated to prevention and repression measures of violence at sporting events, aims to outline a generally complete picture of the system that the Italian legal system has prepared over the years to counter the peculiar phenomenon of fan violence during sporting events (football matches, in particular). The thesis, after a brief clarification of the scope of the research, made through the distinction of the concept of fan violence (or football hooliganism) from sporting violence, is initially concerned with providing a historical reconstruction of the phenomenon, and then moving on to an examination of it in a socio-criminological key, taking into consideration both the scientific elaboration produced abroad (especially in the United Kingdom, but also in other European countries), and the studies carried out in Italy, which have highlighted some characteristics of the typical phenomenon of our country. The paper, in its first part, before dealing with the purely criminal (and procedural criminal) aspects of the matter, attempts to offer, from an interdisciplinary perspective, a key to understanding the phenomenon, useful for subsequently identifying the proportionality and reasonableness of the answer that the Italian legal system offers. Subsequently, the thesis takes into consideration the supranational sources – especially at European level – that have been issued in order to give common and harmonious answers to a phenomenon not limited by the borders of the individual nations. The 1985 Heysel massacre represents the tragic event that for the first time brought to the attention of both the European Community and the Council of Europe the serious dangers that football hooliganism can generate, especially in connection with major events; from that moment on, there has therefore been the gradual introduction of a supranational regulatory body aimed at standardizing the laws and practices of the European countries most affected by the phenomenon. The reference to these sources is useful, in the economics of the report, to verify whether the measures adopted by Italy are actually adequate to the standards developed by the European Union and the Council of Europe. The thesis then proceeds to describe, in an analytical way, the turbulent regulatory evolution that has characterized the national legislation to fight violence at sporting events, highlighting both the powerful development of personal prevention in this sector, and the introduction of a series of “differentiated” indictments and procedural provisions, aimed at completing the repressive response to the phenomenon; in describing the regulatory evolution, the critical issues that were proposed from time to time were highlighted: in particular, the various doctrinal positions developed over time were analyzed and the attempts made by jurisprudence (including constitutional) to offer an interpretation of anti-violence legislation that is as coherent and respectful of the rights of the individual as possible. The last chapter, more focused on prevention measures - both atypical (such as DASPO) and typical - aimed at people with sporting dangers, finally aims to bring out the specific problems that have arisen with regard to the preventive system of violence in stadiums, analyzing in particular the characteristics and criticalities of the “dangerous fan” category, without neglecting some due hints to the broader problems relating to the danger to public safety and, even more generally, to the legitimacy and compatibility with the constitutional system of the prevention measures present in the Italian legal system. In the conclusion of the thesis, there are some reflections on the framing of the preventive-repressive system to combat fan violence within the controversial paradigm of the criminal law of the enemy, as well as some observations on exporting within urban context (through the so-called urban DASPO) of the model effectively tested in relation to fans; Finally, some proposals for improvement of the current legislation are made, firstly, to make the existing measures more respectful of the rights of the individuals that are addressed to them and, secondly, to introduce an intervention on several levels, which does not neglect the cultural and social aspects of the phenomenon, and that it is no longer unbalanced on police repression and prevention, with the hope that the future legislator does not intervene, once again, under the pressure of the emergency.
BERNARDONI, PIETRO. "DIRITTI FONDAMENTALI E PREVENZIONE DEL TERRORISMO NEL SISTEMA MULTILIVELLO. ALLA RICERCA DI UN BILANCIAMENTO TRA ESIGENZE DI SICUREZZA E TUTELA DELLE LIBERTÀ AI MARGINI DELLA 'MATERIA PENALE'." Doctoral thesis, Università degli Studi di Milano, 2021. http://hdl.handle.net/2434/852161.
Full textThe thesis focuses on some of the terrorism prevention tools in the light of the related guarantee statute; in particular, the listing systems developed by the UN and the European Union were considered, as well as the prevention measures governed by Legislative Decree 6 September 2011, no. 159; the attempt is to identify the common thread that unites these apparently very distant measures. From this point of view, the work moves along a twofold direction: on the one hand, the identification of the guarantees that must guard the prevention institutes, also in light of their legal nature in the perspective of the conventional concept of "criminal matter"; on the other hand, the reconstruction of the discipline of the institutes, based on national and supranational sources and jurisprudence. This analysis is contained mainly in Chapters III and IV, dedicated respectively to the identification of a possible guarantee statute valid for the prevention system as a whole and the reconstruction of the positive discipline of the institutions considered. This part, which constitutes the main focus of the work, is preceded by two chapters, with function of theoretical (Ch.. I) and historical framework (Ch. II). The first Chapter, in fact, wants to provide a frame of the conceptual coordinates in which we move in the next part of the work; it is ideally divided into three parts, which represent the three pillars of the entire thesis. The first axis, that of guarantees, is the object of attention by reconstructing the conventional and constitutional concept of "criminal matter"; the second, in some ways opposed to the previous one, focuses on the analysis of the concept of "security", understood as the value that the entire preventive anti-terrorism system is aimed at protecting. Finally, the last axis represents an attempt to synthesize the two areas already outlined, through the so-called balancing mechanism in terms of proportionality. The scheme adopted in the first Chapter is therefore re-proposed in the following and central part of the work, which has already been mentioned: the issue of guarantees is taken up and elaborated on in Chap. III; in Chap. IV, then, the analysis focuses on the institutes elaborated by the national and supranational legislator with the aim of guaranteeing “security”; in the fifth and final Chapter, an attempt is made to sift - with a view to balancing - the mechanisms set up to protect security claims in the light of fundamental individual guarantees. It is here that attempts have also been made to put forward some proposals for remodeling the system, in order to eliminate some of the aspects of its incompatibility with fundamental rights. The issue of the legal nature of the institutes examined, in the perspective in which it has been placed, is therefore played down by the centrality attributed to the criterion of proportionality as a balancing tool between opposing needs. Similarly, categories such as "enemy criminal law", "struggle criminal law " and "emergency law", even if considered in the first Chapter, are not used critically. The chosen perspective, in fact, is not that of an all-encompassing evaluation in terms of legitimacy-illegitimacy of the entire system, but, rather, an analysis that is as precise and specific as possible of the institutions examined in the light of the guarantee statute. elaborated by the Courts of Rights.
Prestipino, Daniela <1970>. "Nuovi scenari di rischio e misure user-centric per la protezione dei dati personali." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2017. http://amsdottorato.unibo.it/8248/1/Prestipino_Daniela_Tesi.pdf.
Full textThis PhD thesis assesses the centrality of users in the privacy and personal data process management. It proposes and defends an application model based on user-centric policies based on Sticky Privacy Policies for an effective and dynamic control and distribution of personal data under circumstances where the maintenance of quality elements concerning the consent or the authorization for the data treatment are crucial changing – in comparison to the initial conditions, the possible applications, the multiple purposes and the multiple subjects involved. The research takes into account both legal and technical requirements in place, therefore including the application standards de facto related to the privacy requirements; it proposes new types of risks in situations with an high degree of informative inference and Multiple Subjects Personal Data, demonstrating and proving some of the implications for the personal information shared in the contact list of the App WhatsApp Messenger and for which it proposes control actions based on the Sticky Privacy Policies; it also proposes a modelling of privacy to express user-centric privacy policies. The thesis is structured on five chapters. The first three chapters describe the regulatory environment and the changes from the Directive 24 October 1995 and the European Rule 679/2016 dated 24 April 2016; the current situation in terms of personal data and privacy, the remedy actions for the protection of the personal data information. The fourth and the fifth chapters include new privacy and weaknesses concepts in relation to which the document shows a simple Proof of Concept in the contest of WhatsApp Messenger App.
ZUFFADA, EDOARDO. "HOMO OECONOMICUS PERICULOSUS. MISURE DI PREVENZIONE E CRIMINALITA' DA PROFITTO, TRA ESIGENZE DI EFFETTIVITA' E CRISI DELLE GARANZIE." Doctoral thesis, Università degli Studi di Milano, 2020. http://hdl.handle.net/2434/712462.
Full textThe doctoral thesis is dedicated to the study of preventive measures as provided for by the anti-mafia code, from the particular point of view of their application to the authors of economic crimes. With this work it is intended, on the one hand, to verify whether the aforementioned use of preventive measures is at the same time legitimate and effective and, on the other hand, whether it is possible to follow the path that leads to a different and new model of prevention of economic crimes. After reviewing the “history” of the so-called anti-mafia measures, the doctoral thesis critically analyzes the current discipline of preventive measures in its substantial profiles and devotes ample space to the study of the decisions issued by the Court of Milan against “white collar criminals” between 2015 and 2019. The research then widens to traditional criminal law, and highlights the “interferences” of the preventive system with other measures that traditionally carry out a special preventive function or restorative function. In the last chapter, in a de iure condendo perspective, a cause for reflection is offered for a “sustainable” system aimed to preventing economic crime, that is a system which succeeds to reconciling the needs for effectiveness with the unavoidable protection of the fundamental rights of the subjects involved in the proceedings.
Tiani, E. "LA CONFISCA DI PREVENZIONE E L'AMMINISTRAZIONE GIUDIZIARIA DI COMPLESSI AZIENDALI." Doctoral thesis, Università degli Studi di Milano, 2016. http://hdl.handle.net/2434/380737.
Full textNINNI, LAURA. "CONTIGUITÀ ALLA MAFIA: STRUMENTI NORMATIVI DI PREVENZIONE E CONTRASTO." Doctoral thesis, Università degli Studi di Milano, 2020. http://hdl.handle.net/2434/740794.
Full textThe research investigates the concept of “mafia contiguity” in Italian law. The dissertation is structured in four chapters. The first one explains what is “mafia contiguity” from a sociological point of view. The second one, after specifying the concept involved by the dissertation, aims to analyse the current discipline in the criminal law sector. The provisions that make punishable or apply more serious punishments of collateralism to mafia-type associations are the object of analysis. The third chapter deals with the tools of preventive measures aiming to prevent the phenomenon of mafia contiguity. Finally, the fourth relates to the institution of the so-called anti-mafia documentation, therefore in the framework of administrative law, specifically intended for the prevention of the phenomenon in the context of economic activities. The investigation is developed through the analysis of the different positions emerged in doctrine and jurisprudence in this field, with reference to the sector of the legislation under analysis, highlighting the critical issues of the examined legislation. The author deals with the complexity of the regulatory landscape, probing the possibility of considering "exhaustive" the legislation relating to the phenomenon of "mafia contiguity".
PEDRONI, ANDREA. "Obbligo di dimora: profili di incostituzionalità." Doctoral thesis, Università degli Studi di Roma "Tor Vergata", 2010. http://hdl.handle.net/2108/202087.
Full textAfter a preliminary assessment of the requirements and of the application criteria that are common to all the precautionary measures – with specific reference to the constitutional and international protection of the right to personal liberty and to the terms of applicability as well as to the precautionary requirements – the Author’s work more specifically II appraises the topics regarding the house arrest and the prohibition and obligation of abode. Through the comparison between the aforesaid measures, in the peculiar possible concrete applications of the house arrest with the permit to go to work and of the obligation of abode “with accessory measures”, the Author identifies the possible criticalities, in a constitutional view, arising from the factual assimilation of the two said measures, also considering the Constitutional Court decision no. 215 of 1999.
FINOCCHIARO, STEFANO. "CONFISCA DI PREVENZIONE E CIVIL FORFEITURE. VERSO UN NUOVO MODELLO DI 'CONFISCA CIVILE' DELLA RICCHEZZA ILLECITA." Doctoral thesis, Università degli Studi di Milano, 2018. http://hdl.handle.net/2434/548698.
Full textThe work aims at studying a particular kind of confiscation, called “confisca di prevenzione”, ruled by the Legislative Decree n. 159/2011, proposing a qualification of it as a civil measure in order to revise the current legislation. The dissertation starts from the analysis of the origins and evolution of this confiscation, then examines the current legal framework and the main issues related to its application and interpretation. The work thus focuses on the question of the qualification of the nature of the measure, going through the theories developed by Italian scholars and the Italian case law, also studying the European Union Law and the European Convention of Human Rights. By such a method the dissertation deals also with the civil forfeiture of the United States and the related case-law by the American Supreme Court, that offers important hints in order to detect the criteria identifying the nature of the Italian confisca di prevenzione. Indeed its nature, ultimately, does not seems to be “preventive” or “punitive”, since both these qualifications do not fit with the real goal of this confiscation, i.e. the neutralization, the resetting, of the illicit store of wealth. The measure should lead back the asset of the person to the situation in which he/she would have been if the unlawful conduct were not committed. The nature of the confiscation is therefore “civil”, since it is governed by private law rules, including the ways to legally acquire property and the general prohibition of unlawful enrichment. Finally, using a de iure condendo approach, the work drafts the main features ruling the application of this civil confiscation (the action of the State against the owner) and the guarantees, set by the Italian Constitution and the European Convention (articles 41, 42 Const. and article 1 of Protocol n.1 of ECHR), pointing out its potential benefits both on the efficiency of this tool and on the protection of the fundamental human rights.
ZAMBITO, MARSALA ROBERTA. "Impatto e prevenzione dell'inquinamento delle acque sotterranee da pesticidi e nitrati nei vigneti collinari: valutazione delle fonti di contaminazione e sviluppo delle migliori pratiche di gestione e misure di mitigazione." Doctoral thesis, Università Cattolica del Sacro Cuore, 2021. http://hdl.handle.net/10280/95715.
Full textMany anthropic activities give rise to environmental problems for which it is necessary to find solutions. The presence of undesirable substances in water, indeed, can pose a risk to the health and hygiene of both men and animals. It is, therefore, essential to find methods in order to avoid pollutants from these matrices, so as to make them compatible with the maintenance of healthy environmental conditions. This thesis aims to assessing the groundwater quality of an area in which the quality of water was never studied, particularly investigating the occurrence of pesticides and nitrate in order to understand the grant of viticulture on water pollution. This study derives from the necessity to improve the water governance and to implement the best management practices and mitigation measures to prevent groundwater and environmental pollution. The results of monitoring studies showed a contamination of groundwater by pesticides and nitrate and thus an evaluation of PPPs and nitrates source contamination was carried out through isotopic studies of N and O of NO3- , and through hydrologic analysis by use of the model CRITERIA 3D. As one of the main conclusions of the work, the occurrence of PPPs in groundwater in areas with intensive viticultural activities cannot be related just to chemical environmental fate properties or pedoclimatic conditions, but also to end-user behavior. In fact, the contamination source evaluated, resulted to be due to both diffuse and point-source contamination. For what concerns the influence of nitrogen-based fertilization on nitrate occurrence in groundwater, the results showed a high vulnerability of the aquifer to external changes. Isotopic investigations showed that most of the NO3- detected in the groundwater, derived from the use of inorganic nitrogen fertilizers, in agreement with the land use and viticulture practices declared by the farmers. The most important result of the study, however, was that at the end of the overall process, the multi-actor approach and engagement strategy adopted were successful in improving attitudes to more sustainable practices.
BANDIERA, EDOARDO. "I terzi nel procedimento di prevenzione patrimoniale finalizzato alla confisca. Diritti, poteri e tutela dei soggetti coinvolti nel procedimento alla luce della direttiva 2014/42/UE e del regolamento 2018/1805/UE." Doctoral thesis, Università degli studi di Ferrara, 2020. http://hdl.handle.net/11392/2488047.
Full textThe investigation has as its object the procedural protection that the system recognizes to third parties involved in a procedure aimed at the adoption of a measure of confiscation of prevention; therefore, the analysis focuses on the rights and powers that these subjects can exercise during the procedure. The assumption from which the research is taken into consideration is that, in recent years, the attention of the Legislator, in the criminal matter, has been catalyzed more and more by the patrimonies and riches illegally accumulated by the criminal organizations, which have become the privileged target of the punitive intervention. Alongside a criminal patrimonial law, a "trial of the patrimony" has been built up, which has seen in the forms of patrimonial incapacitation, recte in the confiscation, the privileged form of coercive state response. In particular, the Italian model has been characterized by a paroxysmal recourse to the use of the confiscation measure of prevention, a sanction of a non-criminal nature. The consideration for which the dispositions of attorney, whether precautionary or definitive, risk involving property formally in the ownership or availability of third parties, has moved the legislator, national and European, to prepare a minimum statute of guarantee in respect of these subjects. This is why the most recent European legislation (Directive 2014/42/EU on the freezing and confiscation of instrumental property and the proceeds from crime in the European Union) calls on the Member States to guarantee a minimum statute for the protection of the rights of third parties when transposing it (Articles 6 and 7). From the point of view of the general theory of the trial, in fact, the third party, not being a part of the criminal trial, but a stranger, cannot propose any appeal against the sentence of first instance which provides for the confiscation of goods and properties on which, for whatever reason, a claim is made. The protection of third parties, on the other hand, has long been a "cross and delight" of the procedure of patrimonial prevention. The research has been characterized by two poles: on the one hand, the process of patrimonial prevention; on the other, the participation of the third party in the same. In conclusion, particular attention was paid to the issue of evidence, differentiating with regard to the object of evidence that each category of third party is required to demonstrate.
MASIERO, ANNA FRANCESCA. "Le strategie differenziate di contrasto alla criminalità nella perenne tensione tra istanze preventive e rispetto delle garanzie. Prospettive nazionali ed europee." Doctoral thesis, Università degli studi di Ferrara, 2021. http://hdl.handle.net/11392/2487979.
Full textRecently, Italy has been affected by a slow but persistent decrease in the crime rate, accompanied, however, by an exponential increase in the difficulties related to the detection of many types of crimes, which contribute to significantly increase the unreported crime rate. It is then clear that the classic (procedural) criminal categories are being put to the test by alarming modern challenges, making the activities entrusted to the authorities more numerous and more complex. As a result, there is a growing need to adapt the investigative response, both from a purely national point of view and from the point of view of European judicial cooperation, to the multifaceted nature of crime, as well as the need to provide articulated punitive responses, suitable both for the prevention and repression of criminal phenomena. The Italian legislator, in particular in the last decades, has shown to carefully consider above-mentioned needs: in fact, several strategies have been tested in our system, which we could define as “differentiated”, as they are heterogeneous with respect to the traditional repressive models used by the domestic punitive system, in order to conform the punitive response to the above-mentioned challenges. A keen interest in these issues has also been demonstrated by the European legislator, which has, however, mostly led to "weak" harmonisation measures, due to the difficulties of framing the instruments used by these strategies, as well as the reluctance of some States to implement them. Three of the above strategies will be the subject of this work; the first, consisting of infiltration into the criminal group, takes the form of the so-called “undercover operations”; the second, which takes the form of identifying incentives for the person who dissociates from the criminal organisation and carries out collaborative conduct with the authorities, corresponds to the reward measures. The third, which is very peculiar, translates into the reporting of offences, including criminal offences, by the employee of a work organisation and allows the emergence of offences which, otherwise, would in all probability have fed the unreported crime rate; it is called “whistleblowing”. Thus, these are particular forms of cooperation with the judiciary, characterized by both substantive and procedural aspects of criminal law and by a markedly preventive approach. They also appear to be in some ways dysfunctional with respect to a constitutionally oriented model of criminal law. This research is therefore aimed at examining the most critical profiles of these strategies and their political-criminal opportunity, with particular reference to corruptive phenomena, which is a privileged field of investigation as it is the subject of recent reforms aimed at introducing in this sector the differentiated strategies explained in this thesis.
DI, BUCCIO STEFANIA. "LA BONIFICA DELL¿AGEVOLAZIONE MAFIOSA NEL CAMPO IMPRENDITORIALE ATTRAVERSO I MODELLI DELLA PREVENZIONE MITE.IL METODO DELLA 'PROFILASSI ANTIMAFIA BY DESIGN'." Doctoral thesis, Università degli Studi di Milano, 2021. http://hdl.handle.net/2434/860306.
Full textLORUSSO, MICHELE ANGELO. "IL SOTTOSISTEMA PENALE PER LA LOTTA ALLA CRIMINALITA' ORGANIZZATA." Doctoral thesis, Università degli Studi di Milano, 2012. http://hdl.handle.net/2434/173932.
Full textThis work starts by ascertain how in the Italian’s system is now distinguishable a penalty subsystem for the fight against organized crime and has a twofold target. The first concerns to the identification of a definition of “organized crime”, through the analysis of national, international and supranational law’s sources, also extended to major reconstructive models drawn up from social science. The second target concerns an exploratory survey of the subsystem, into its substantial components, criminal and penitentiary proceedings (this last context is analyzed transversely by reference to the binomial “penalty sanctions-incentives reward” that which characterizes the entire subsystem). This work aims to constitute a valuable contribution on the basis of which further develop the subsystem’s analysis according to a little practiced unitary vision of the same.
IAMMARINO, Debora. "Danno ambientale e responsabilità nella gestione dei rifiuti." Doctoral thesis, 2018. http://hdl.handle.net/11393/251115.
Full text