The article deals with the law of parties to crime, examining in the first place how its regulation can switch from the special part of the criminal law to the general part and vice versa. As to the Italian system, the law of parties to crime is apparently unitary, but in practice fragmentary and diverse. Especially the case law reveals that conditions of responsibility change in respect to the type of contribution to the offence (action/omission, incitement, command or other forms of aiding and abetting) and to the areas of criminality. The comparative analysis of common law and civil law systems, as well of International and European criminal law confirms the great variety of theoretical approaches and legal drafting solutions. In order to work for a common, shared status of the law of parties to crime it is important to avoid the search of “magic formulas” and proceed to a serious Comparative law and socio-criminological analysis. The law may be accordingly reformed and improved and a possible solution could be that of allocating tailored pieces of regulation into the special part of the criminal law.

Quale statuto condiviso per il concorso di persone nel reato? / Michele Papa. - In: CRIMINALIA. - ISSN 1972-3857. - ELETTRONICO. - (2022), pp. 299-321.

Quale statuto condiviso per il concorso di persone nel reato?

Michele Papa
2022

Abstract

The article deals with the law of parties to crime, examining in the first place how its regulation can switch from the special part of the criminal law to the general part and vice versa. As to the Italian system, the law of parties to crime is apparently unitary, but in practice fragmentary and diverse. Especially the case law reveals that conditions of responsibility change in respect to the type of contribution to the offence (action/omission, incitement, command or other forms of aiding and abetting) and to the areas of criminality. The comparative analysis of common law and civil law systems, as well of International and European criminal law confirms the great variety of theoretical approaches and legal drafting solutions. In order to work for a common, shared status of the law of parties to crime it is important to avoid the search of “magic formulas” and proceed to a serious Comparative law and socio-criminological analysis. The law may be accordingly reformed and improved and a possible solution could be that of allocating tailored pieces of regulation into the special part of the criminal law.
2022
299
321
Michele Papa
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Utilizza questo identificatore per citare o creare un link a questa risorsa: https://hdl.handle.net/2158/1304199
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