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oapen-20.500.12657-551562022-06-01T03:14:06Z Circostanze del reato: trasformazioni in atto e prospettive di riforma Pellegrini, Lorenzo bic Book Industry Communication::L Law::LB International law::LBG Private international law & conflict of laws bic Book Industry Communication::L Law::LN Laws of Specific jurisdictions::LNB Private / Civil law: general works bic Book Industry Communication::L Law::LN Laws of Specific jurisdictions::LNF Criminal law & procedure The circumstances of the crime contribute both to a best individualisation and definition of the case, and to the judicial assessment of the fine. This double “soul” makes the circumstances of the crime an elected ground for policies that are either legalitarian (policies of legal determination of the particular case and legal quantification of the fine), or of judicial discretion (judicial determination of the particular case and judicial assessment of the fine). The uncertain amendment has, however, delivered a magmatic and unbalanced system. The work tries to give rationality to the matter by affirming that a reform of the institute (no longer postponable) must first pass by the special part of the code, through a redefinition of the legal notes and then by the assessment system as a whole. However, such an intervention would make the institution of circumstances seem irrational, leading it to radical suppression. 2022-05-31T10:22:29Z 2022-05-31T10:22:29Z 2014 book ONIX_20220531_9788866556923_440 2612-8020 9788866556923 9788866556916 9788892734180 https://library.oapen.org/handle/20.500.12657/55156 ita Premio Tesi di Dottorato application/pdf Attribution 4.0 International 9788866556923.pdf https://books.fupress.com/isbn/9788866556923 Firenze University Press 10.36253/978-88-6655-692-3 The circumstances of the crime contribute both to a best individualisation and definition of the case, and to the judicial assessment of the fine. This double “soul” makes the circumstances of the crime an elected ground for policies that are either legalitarian (policies of legal determination of the particular case and legal quantification of the fine), or of judicial discretion (judicial determination of the particular case and judicial assessment of the fine). The uncertain amendment has, however, delivered a magmatic and unbalanced system. The work tries to give rationality to the matter by affirming that a reform of the institute (no longer postponable) must first pass by the special part of the code, through a redefinition of the legal notes and then by the assessment system as a whole. However, such an intervention would make the institution of circumstances seem irrational, leading it to radical suppression. 10.36253/978-88-6655-692-3 bf65d21a-78e5-4ba2-983a-dbfa90962870 9788866556923 9788866556916 9788892734180 41 432 Florence open access
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The circumstances of the crime contribute both to a best individualisation and definition of the case, and to the judicial assessment of the fine. This double “soul” makes the circumstances of the crime an elected ground for policies that are either legalitarian (policies of legal determination of the particular case and legal quantification of the fine), or of judicial discretion (judicial determination of the particular case and judicial assessment of the fine). The uncertain amendment has, however, delivered a magmatic and unbalanced system. The work tries to give rationality to the matter by affirming that a reform of the institute (no longer postponable) must first pass by the special part of the code, through a redefinition of the legal notes and then by the assessment system as a whole. However, such an intervention would make the institution of circumstances seem irrational, leading it to radical suppression.
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