LA TUTELA PENALE DEL PRODOTTO 'SOSTENIBILE'. NUOVE ESIGENZE DI TUTELA NEL SOLCO DELL'OBSOLESCENZA PROGRAMMATA

This thesis aims to analyze the complex and controversial relationship between criminal law and sustainability, with particular attention to liability for product damage. Current production models, focused on maximizing profits and rapidly replacing goods, encourage compulsive consumption through a constant cycle of supply and demand. However, this apparent well-being leads to an exponential increase in waste and a progressive depletion of natural resources, compromising the sustainability of a linear economy. A striking example of this dynamic is planned obsolescence, a strategy adopted by some companies to deliberately reduce the lifespan of products placed on the market. To counteract ecosystem deterioration and ensure future generations' access to natural resources, a regulatory movement has emerged in recent years, aiming to replace traditional linear production paradigms with a circular economy model. This new approach, inspired by the principles of sustainable development, seeks to meet present needs while respecting future ones, promoting a balance between the environment, economic growth, and social development. The thesis is structured into four chapters. The first analyzes consumer society and the paradigmatic role of planned obsolescence, then examines the principle of sustainable development in international and European sources, highlighting the progressive affirmation of the circular economy and the increasing responsibility of consumers and businesses towards sustainable consumption (the so-called "prosumerism"). The second chapter delves into the implications of these changes for the traditional concept of criminal liability for product damage. While the old paradigm focused on sanctioning the commercialization of products hazardous to health, the new perspective emphasizes the criminalization of behaviors linked to unsustainable production. A comparative analysis with the German legal system reveals a shift towards combating sustainability-related fraud, as evidenced by emblematic cases such as the emissions scandal, the phenomenon of greenwashing, and planned obsolescence. The third chapter explores possible models for criminalizing planned obsolescence, with a comparative focus on French, German, and Italian legal systems. France stands out as the only country with specific legislation on the subject, while in Germany and Italy, doctrinal and parliamentary attempts have been made to develop legally sustainable solutions. However, the analysis highlights the limited effectiveness of these regulations, which remain confined to a consumer-producer perspective, failing to address the environmental implications. Finally, the fourth chapter investigates the possibility of developing a new legally protected interest linked to sustainability, capable of encompassing the multiple dimensions of contemporary production. The difficulty in defining such a legal asset is reflected in the attempts at typification, opening the debate on the need to move beyond the traditional concept of legal interest to ensure effective protection for future generations. The conclusion emphasizes that abandoning the concept of legal interest, a characteristic element of liberal criminal law, is not necessary. On the contrary, the inability to clearly define it should direct research towards integrated protection models and stimulate a profound cultural renewal aimed at promoting sustainability education.

Grantor dc:publisher

Università degli Studi di Milano

Year dc:date

2025

Author dc:creator

• FRANZETTI, LUCA

Contributors dc:contributor

• tutor: M. Scoletta ; coordinatrice: F. Poggi
• L. Franzetti
• SCOLETTA, MARCO MARIA
• POGGI, FRANCESCA

• sustainability
• planned obsolescence
• criminal law
• Settore GIUR-14/A - Diritto penale

Statement dc:rights

• info:eu-repo/semantics/embargoedAccess

Language dc:language

ita

Handle dc:identifier

https://hdl.handle.net/2434/1155784

OAI identifier oai:identifier

oai:air.unimi.it:2434/1155784