Academic literature on the topic 'Scriminante'
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Journal articles on the topic "Scriminante"
Fravolini, G., A. Mencarelli, and E. Mazzeo. "L'eutanasia in Olanda: risposta legislativa ad una prassi iniqua." Medicina e Morale 43, no. 6 (December 31, 1994): 1093–106. http://dx.doi.org/10.4081/mem.1994.999.
Full textDissertations / Theses on the topic "Scriminante"
Annibalini, Andrea <1981>. "Le "scriminanti" controverse. Alcune ipotesi problematiche." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2011. http://amsdottorato.unibo.it/4199/1/Annibalini_Andrea_Tesi.pdf.
Full textAnnibalini, Andrea <1981>. "Le "scriminanti" controverse. Alcune ipotesi problematiche." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2011. http://amsdottorato.unibo.it/4199/.
Full textROSSI, LUCREZIA SILVANA. "LA LEGITTIMA DIFESA NEL DOMICILIO (ART. 52 C. 2-4 C.P.) UN¿INDAGINE TRA STORIA, COMPARAZIONE, TEORIA E PRASSI." Doctoral thesis, Università degli Studi di Milano, 2021. http://hdl.handle.net/2434/852006.
Full textThe thesis deals with the delicate issue of self defence exercised in the home, which has been the subject of two reforms in the last fifteen years – first in 2006, then in 2019 –, arousing widespread criticism and conflicting opinions regarding its exact scope. The great public attention for the institute and the two legislative interventions have stimulated the interest and the desire to investigate the origin, the ratio and the evolution of the justification regulated by art. 52 c.p. The purpose of this survey is twofold: on the one hand, an attempt has been made to understand the needs underlying the reforms and, more generally, the foundation of the need so well rooted in contemporary society for a differentiation of treatment for attacks perpetrated inside the house; on the other hand, starting from the study of the discipline currently in force and the concrete application of the same by jurisprudence, an attempt has been made to find a more satisfactory balance between the widespread needs and compliance with the Constitutional Charter and the European Convention of human rights, in short a "sustainable counter-reform". The thesis is divided into three parts, of which the first is dedicated to the historical-comparative analysis of the justification. In particular, the study traces the origins of the institute starting from Roman law up to the present day, trying to highlight the historical precedents capable of explaining the current predisposition of a special figure of self defence in favour of anyone who is attacked in private places, where individuals boasts an ius excludendi alios against the aggressor. The historical research is accompanied by a comparative survey, also set in a historical perspective, which broadens the gaze to the choices made on the subject by the main European systems – notably the French and English ones –, as well as by the US federal system. The second part of the thesis concerns the internal law in force; in particular, the paper first deals with law no. 59 of 13 February 2006 and then the law n. 36 of 26 April 2019, i.e. the reforms that have given prominence to the special figure of home self defence. To this end, both the criminal political context that marked its origin and the content of the reforms in the light of the jurisprudence of legitimacy are considered; in fact, a study was carried out on all the rulings issued by the Court of Cassation regarding home self defence from 1 January 2000 until 1 January 2021. Thanks to this research, it emerged on the one hand how the first reform is substantially devoid of concrete repercussions and, on the other hand, how the second legislative intervention, if not subjected to a corrective interpretation in the light of constitutional and conventional guidelines, is dangerous for system tightness. Along this line, the investigation focuses in particular on the role that the requirement of necessity and the normative presumptions of legitimacy of the reaction should assume. With reference to the case of excess, then, are presented the criteria for detecting the serious disturbance and the conditions of impaired defence to which excuse effects are linked. Finally, the third and last part of the paper deals with the institution from a de iure condendo perspective; specifically, starting from the results achieved through the survey carried out, an attempt was made to put forward a proposal for reorganization of the justification which is divided into three steps, ideally connected to each other. According to this working hypothesis, art. 52 c.p. would gain rationality and effectiveness if, first of all, the paragraphs governing home self defence currently in force were eliminated; furthermore, beside the provision referred to art. 52 c. 1 c.p., there should be an excuse linked to the state of emotional disturbance experienced by the attacked, applicable in cases of excess and error in self defence; finally, an iuris tantum presumption of current danger could be envisaged for the sole safety of those present in the event of aggression perpetrated within the home and business. The coexistence of these amending proposals would seem capable of giving a renewed balance to the justification, first of all giving voice and recognition to the widespread requests, furthermore respecting the principles and values of which the Constitution and the European Convention of human rights are an expression, and lastly still giving a push contrary to the current anti-statist tendency, if not even anti-constitutional, of which the two recent reforms on the subject have become spokesmen.
TAVERRITI, SARA BIANCA. "L'AUTOCONTROLLO PENALE. RESPONSABILITÀ PENALE E MODELLI DI AUTONORMAZIONE DEI DESTINATARI DEL PRECETTO." Doctoral thesis, Università degli Studi di Milano, 2019. http://hdl.handle.net/2434/619498.
Full textOne of the crucial challenges of Criminal Law in the new millennium is to deal with the complexity of contemporary society. The traditional approach based on the State monopoly on criminal matters keeps abreast no longer with the scientific-technological sophistication and the rate of changes in criminal behavior in the era of globalization. In this scenario, we witness the rise of Self-Regulation as an auxiliary tool of crime prevention, whose main goal is to fill the vacuum and to compensate for the rapid obsolescence of state legislation. Compliance Programs, Anti-Bribery Plans, Clinical Guidelines are some of the elements of a diverse constellation of cases in which preventive measures, behavioral rules, surveillance, and sanctions are issued and enforced by a legislator who coincides with the recipient, and which is often a private actor. Nevertheless, the ambivalence of Self-Regulation lies in the fact that – in the face of some positive externalities promised – this paradigm could jeopardize some of the fundamental principles of Criminal Law. The aim of this work is to provide a critical analysis of such phenomenon in order to verify the compatibility of Self-Regulation with the Rule of Law and to assess its efficacy in deterring and detecting misconducts.
Books on the topic "Scriminante"
Bellagamba, Filippo. I problematici confini della categoria delle scriminanti. Milano: Giuffrè, 2007.
Find full textSchiaffo, Francesco. Le situazioni quasi scriminanti nella sistematica teleologica del reato: Contributo ad uno studio sulla definizione di struttura e limiti della giustificazione. Napoli: Jovene, 1998.
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