Uno studio comparatistico dell'eccesso di difesa domiciliare nel nuovo art. 55 co. 2 c.p.

The Law 36/2019 introduced a new provision that declares unpunishable any excess in domestic self-defence realized under severe emotional distress (art. 55/2 c.p.). The norm, part of a criticized reform of the Law of self-defence, grants – even just in “domestic places” - exculpatory effect to the impaired emotional condition frequently experienced by victims of violent assaults, similarly to other European penal codes, as the German Strafgesetzbuch. Indeed, the analysis of the non-punishability clause of § 33 StGB offers important comparative hints for the enforcement of the Italian provision, and for possible reform proposals. Moreover, this paper analyses the recent Polish reform of the Law of self-defence, that introduces as well a new non-punishability clause for excessive defensive conducts committed in “domestic places”.