¿FATTISPECIE¿ E ¿TIPO¿ NEI FENOMENI COMPLESSI. COSTRUZIONE DEL TIPO CRIMINOSO E DISVALORE DI CONTESTO TRA DIRITTO VIVENTE, DIRITTO VIGENTE E PROSPETTIVE DE IURE CONDENDO
type: CreativeWork
description: This research work fits in the particular field of legal knowledge called “Science of Legislation”, limited to “criminal laws”. In this field, in particular, one of the fundamental issues that involves the legislative drafting is the provision of an “abstract case” capable of expressing a homogeneous “criminal type”. With this expression, the doctrine intends to refer to the ability of the criminal law to describe the “typical” fact by bringing out the offence’s core disvalue, to clearly distinguish the actions that are expressive of the offence from those that are not. In particular, this work focuses on the interactions between the “abstract case” described by the law and the “criminal type” of complex phenomena. With this expression we mean to refer to criminal conduct or criminal “situations” whose description in terms of an “abstract case” is not sufficient to construct the “criminal type”, which emerges only after comparison with the context in which the concrete fact was committed. In relation to such phenomena, the context plays a decisive role not only in terms of identification, i.e. in order to relate the concrete case to the abstract case, but as it allows to recognise the offence’s core disvalue. The dissertation is divided into three chapters, followed by concluding reflections. The first chapter deals with the topic of the construction of the “abstract case” and the “criminal type”, considering the philosophical framework - emphasising the role played by the philosophy of language - as well as in the constitutional framework, and then it focuses on the various techniques of legislative drafting for the criminal law. Finally, we introduce the problem of the construction of the “criminal type” of complex phenomena. The second chapter, starting from selected “case studies”, intends to highlight, by an inductive method, the inadequacy of the traditional model of “abstract” and “static” criminal legislation for describing the “criminal type” of complex phe…
abstract: This research work fits in the particular field of legal knowledge called “Science of Legislation”, limited to “criminal laws”. In this field, in particular, one of the fundamental issues that involves the legislative drafting is the provision of an “abstract case” capable of expressing a homogeneous “criminal type”. With this expression, the doctrine intends to refer to the ability of the criminal law to describe the “typical” fact by bringing out the offence’s core disvalue, to clearly distinguish the actions that are expressive of the offence from those that are not. In particular, this work focuses on the interactions between the “abstract case” described by the law and the “criminal type” of complex phenomena. With this expression we mean to refer to criminal conduct or criminal “situations” whose description in terms of an “abstract case” is not sufficient to construct the “criminal type”, which emerges only after comparison with the context in which the concrete fact was committed. In relation to such phenomena, the context plays a decisive role not only in terms of identification, i.e. in order to relate the concrete case to the abstract case, but as it allows to recognise the offence’s core disvalue. The dissertation is divided into three chapters, followed by concluding reflections. The first chapter deals with the topic of the construction of the “abstract case” and the “criminal type”, considering the philosophical framework - emphasising the role played by the philosophy of language - as well as in the constitutional framework, and then it focuses on the various techniques of legislative drafting for the criminal law. Finally, we introduce the problem of the construction of the “criminal type” of complex phenomena. The second chapter, starting from selected “case studies”, intends to highlight, by an inductive method, the inadequacy of the traditional model of “abstract” and “static” criminal legislation for describing the “criminal type” of complex phe…
author: VITARELLI, FRANCESCA
language: ita
keywords: scienza della legislazione, fattispecie penale, tipo criminoso, tecniche di redazione della fattispecie, Settore IUS/17 - Diritto Penale
date published: 2023-04-03
date modified: 2026-07-27T20:19:00Z
provider: Università degli Studi di Milano
publisher: Networked Digital Library of Theses and Dissertations
type: WebPage
source organization: Università degli Studi di Milano

PropertyValue
property ID: Handle
value: https://hdl.handle.net/2434/959497

PropertyValue
property ID: DOI
value: 10.13130/vitarelli-francesca_phd2023-04-03