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Il volume si compone di due parti. Nella prima sono ospitati gli atti del convegno "Verità"del precetto e della sanzione penale alla prova del processo, svoltosi presso la sede di Milano dell'Università Cattolica del Sacro Cuore il 22 giugno 2012. Il convegno si è inserito nelle attività Prin 2008 "Rapporti tra diritto penale sostanziale e processo penale", coordinato dal prof. Domenico Pulitanò, dell'Università di Milano Bicocca, ed è stato organizzato dall'unità dell'Università Cattolica del Sacro Cuore, diretta dal prof. Gabrio Forti. La seconda parte contiene i contributi del progetto Prin recati da studiosi dell'Università Cattolica e componenti del Centro Studi "Federico Stella" sulla Giustizia penale e la Politica criminale

The book explores and links different cultures, disciplines and perspectives, with a far more original and broad approach to the relations between “Justice” and “Literature” than more traditional works focused on “Law” and “Literature”. The many contributions from writers, literature and movie critics, psychologists, and criminal law practitioners and scholars, draw a complex and interdisciplinary path through primary texts of Italian and international literature, with the aim of prompting readers’ reflections about core issues related to law, crime, and responsibility. Through the analysis of masterpieces of literature, theatre and cinema, this book aims at stimulating dialogue and debate, as well as critical abilities and a deep-rooted sense of justice, amongst both law professionals and citizens at large. Literature and other forms of narration are presented here as a privileged key to approach long-standing questions about (amongst other) causes and consequences of crime; victimization and coping mechanisms; the role of criminal law and criminal proceedings; legalism and equity; law and ethics; the ‘time’ of justice; freedom, responsibility, culpability and forgiveness; rules, legality, socialization and culture; language and images as mediums for justice issues; the impact of prejudice and of existing balances of power on the application of the law; social and legal mechanisms of exclusion and inclusion; gender issues and legal systems; and so on. A whole section (Part V) is devoted to crimes against humanity and how the literary testimony may be understood both as a strategy to resist injustice and to seek justice, and as a way to prevent further horrors. Through this quest for justice in literature and arts, the volume proposes a wider cultural and research project which defies traditional formalistic and retributive approaches to criminal law, in order to open new perspectives for restorative and reintegrative strategies.

Following a path of analysis stemming from the "law and literature" (more appropriately: "Justice and Literature")approach, the famous novel by Collodi, "Pinocchio" is considered in especially in its legally relevant aspects. Besides containing an accurate description of various crimes and victimizations, the book can be read as a great metaphor of the relationship of each human being with his/her ("woodden", namely material)body and especially with the limitations of the human condition. The main character of the novel is thus seen as intent on a ceaseless run away from such conditio and on the denial thereof. From the whole story a teaching can be drawn that individuals should accept the limitation of their nature as well as of social life and, similarly, governments and states should not pursue too paternalistic or "perfectionist" policies or regulations which ignore the "crooked timber of humanity" and the need that laws be made somewhat adaptive to the sheer reality of it and thus to the risks of liberty.

Moving from some themes addressed in the good reviews to the previous volume of the series (Giustizia e Letteratura I), the essay focuses on the special and original features of the book, further developing the main reasons which sustain the relationship between literature and law, especially criminal law.

Una delle sfide teoriche più stimolanti e complesse che la scienza criminologica ha cercato e cerca di affrontare può certamente considerarsi la spiegazione del c.d. gender gap, ossia del differenziale nei tassi di criminalità che si registra tra autori di genere maschile e femminile. Tale differenziale presenta una notevole persistenza sia trasversale sia longitudinale, mantenendo valori consistenti e variazioni complessivamente marginali nei diversi contesti socio-culturali e nelle diverse epoche storiche. Se l’interesse della questione risiede nella sua capacità di suscitare risposte coerenti con pressoché ognuna delle grandi prospettive teoriche espresse dalla criminologia, ci si può attendere che la crescente attenzione verso le varie forme di vittimizzazione della donna getti nuova luce sulle stesse dinamiche di criminalizzazione, offrendosi come banco di prova privilegiato della complessiva tenuta teorica di quelle prospettive. Scorci illuminanti per una comprensione del fenomeno possono venire anche dalla letteratura, il cui apporto di “attenzione” verso tratti essenziali dell’umano si presenta particolarmente necessario per gli studi giuridici e criminologici contemporanei., One of the most stimulating and complex theoretical challenges that criminology has been trying to face since long is the explanation of the “gender gap”, that is of the differential in the recorded crime rates between authors of male and female gender. Such differential reveals a remarkable persistence in cross-sectional and longitudinal researches, with only slight variations depending upon social and cultural contexts, as well as times. The relevance of such issue lies mainly in its ability to demand coherent answers from almost all the great theoretical perspectives in criminology. We can also expect that the increasing attention towards the several forms of female victimisation throws new light to the same dynamics of woman criminalisation, offering itself as a good vantage point to survey and test the theoretical basis of those perspectives. An enlightening contribution to a deeper understanding of the gender gap in female criminalisation and victimisation can come also from literature, whose “attention” towards essential features of the human being is playing an increasing role within legal (law and literature) as well as criminological studies..

In the immense literature (even legal literature) devoted to Franz Kafka, this essay tries to extract and explore the experience of the Prague writer of being stripped since childness of the confidence and trust of parents (especially the father). An experience Kafka depicted in several of his masterpieces and which finds its counterpart in the way common citizens mey perceive themselves as not worthy any trust from the part of state and legal system. In such a society, law is is compelled to make recourse to coercion and harsh penalties in order to preserve social order and compliance. In the works by Kafka, through the sufferings of the main characters (The Metamorphoses, The Trial, The Castle) seems thus displayed also for lawyers and lawmakers how paramount should be a mainly responsive legislation and the legal and social recognition not only of fundamental human rights, but especially of an equal respect for every individual.In such recogntion lies the prerequisite for any social organisation to achieve smoothly and effectively its goals.

The essay is a wide overview of the main outcomes of a conference on Primo Levi and the crimes against humanity, whose proceedings are included in the volume. Several connctions between literature and crimes against humanity are depicted, especially the ability of literature and movies to render the role of language in allowing the psychological survival of indivduals during and after the terrible experience of detention in a lager. Another main issue arising from literary works and movies on crimes against humanity regards the extreme moral choices people, and especially victims, are compelled to confront.

The relationship between widespread fears (especially of criminality) in contemporary societies and some core features of "modernity" is outlined. The urge to reach one's goal is stronger than the interest in truth and the constant need of assurance encourages the replacement with guilt for truth. Literature is meant an aid to convey the circular view of justice instead of the linear one of expediency, which, instead of providing real safety, deepens the feeling of fear and the need of scapegoats.

Una delle sfide teoriche più stimolanti e complesse che la scienza criminologica ha cercato e cerca di affrontare può certamente considerarsi la spiegazione del c.d. gender gap, ossia del differenziale nei tassi di criminalità che si registra tra autori di genere maschile e femminile. Tale differenziale presenta una notevole persistenza sia trasversale sia longitudinale, mantenendo valori consistenti e variazioni complessivamente marginali nei diversi contesti socio-culturali e nelle diverse epoche storiche. Se l’interesse della questione risiede nella sua capacità di suscitare risposte coerenti con pressoché ognuna delle grandi prospettive teoriche espresse dalla criminologia, ci si può attendere che la crescente attenzione verso le varie forme di vittimizzazione della donna getti nuova luce sulle stesse dinamiche di criminalizzazione, offrendosi come banco di prova privilegiato della complessiva tenuta teorica di quelle prospettive. Scorci illuminanti per una comprensione del fenomeno possono venire anche dalla letteratura, il cui apporto di “attenzione” verso tratti essenziali dell’umano si presenta particolarmente necessario per gli studi giuridici e criminologici contemporanei., One of the most stimulating and complex theoretical challenges that criminology has been trying to face since long is the explanation of the “gender gap”, that is of the differential in the recorded crime rates between authors of male and female gender. Such differential reveals a remarkable persistence in cross-sectional and longitudinal researches, with only slight variations depending upon social and cultural contexts, as well as times. The relevance of such issue lies mainly in its ability to demand coherent answers from almost all the great theoretical perspectives in criminology. We can also expect that the increasing attention towards the several forms of female victimisation throws new light to the same dynamics of woman criminalisation, offering itself as a good vantage point to survey and test the theoretical basis of those perspectives. An enlightening contribution to a deeper understanding of the gender gap in female criminalisation and victimisation can come also from literature, whose “attention” towards essential features of the human being is playing an increasing role within legal (law and literature) as well as criminological studies..

In the immense literature (even legal literature) devoted to Franz Kafka, this essay tries to extract and explore the experience of the Prague writer of being stripped since childness of the confidence and trust of parents (especially the father). An experience Kafka depicted in several of his masterpieces and which finds its counterpart in the way common citizens mey perceive themselves as not worthy any trust from the part of state and legal system. In such a society, law is is compelled to make recourse to coercion and harsh penalties in order to preserve social order and compliance. In the works by Kafka, through the sufferings of the main characters (The Metamorphoses, The Trial, The Castle) seems thus displayed also for lawyers and lawmakers how paramount should be a mainly responsive legislation and the legal and social recognition not only of fundamental human rights, but especially of an equal respect for every individual.In such recogntion lies the prerequisite for any social organisation to achieve smoothly and effectively its goals.

Following a path of analysis stemming from the "law and literature" (more appropriately: "Justice and Literature")approach, the famous novel by Collodi, "Pinocchio" is considered in especially in its legally relevant aspects. Besides containing an accurate description of various crimes and victimizations, the book can be read as a great metaphor of the relationship of each human being with his/her ("woodden", namely material)body and especially with the limitations of the human condition. The main character of the novel is thus seen as intent on a ceaseless run away from such conditio and on the denial thereof. From the whole story a teaching can be drawn that individuals should accept the limitation of their nature as well as of social life and, similarly, governments and states should not pursue too paternalistic or "perfectionist" policies or regulations which ignore the "crooked timber of humanity" and the need that laws be made somewhat adaptive to the sheer reality of it and thus to the risks of liberty.

Moving from some themes addressed in the good reviews to the previous volume of the series (Giustizia e Letteratura I), the essay focuses on the special and original features of the book, further developing the main reasons which sustain the relationship between literature and law, especially criminal law.

The essay is a wide overview of the main outcomes of a conference on Primo Levi and the crimes against humanity, whose proceedings are included in the volume. Several connctions between literature and crimes against humanity are depicted, especially the ability of literature and movies to render the role of language in allowing the psychological survival of indivduals during and after the terrible experience of detention in a lager. Another main issue arising from literary works and movies on crimes against humanity regards the extreme moral choices people, and especially victims, are compelled to confront.

A new kind of commentary of the Italian criminal code, which encompasses an updated collection of decisions of the judicature in criminal matters as well as some short enlightening remarks which link the decisions, allowing an essential framing of the main legal issues involved.

The book explores and links different cultures, disciplines and perspectives, with a far more original and broad approach to the relations between “Justice” and “Literature” than more traditional works focused on “Law” and “Literature”. The many contributions from writers, literature and movie critics, psychologists, and criminal law practitioners and scholars, draw a complex and interdisciplinary path through primary texts of Italian and international literature, with the aim of prompting readers’ reflections about core issues related to law, crime, and responsibility. Through the analysis of masterpieces of literature, theatre and cinema, this book aims at stimulating dialogue and debate, as well as critical abilities and a deep-rooted sense of justice, amongst both law professionals and citizens at large. Literature and other forms of narration are presented here as a privileged key to approach long-standing questions about (amongst other) causes and consequences of crime; victimization and coping mechanisms; the role of criminal law and criminal proceedings; legalism and equity; law and ethics; the ‘time’ of justice; freedom, responsibility, culpability and forgiveness; rules, legality, socialization and culture; language and images as mediums for justice issues; the impact of prejudice and of existing balances of power on the application of the law; social and legal mechanisms of exclusion and inclusion; gender issues and legal systems; and so on. A whole section (Part V) is devoted to crimes against humanity and how the literary testimony may be understood both as a strategy to resist injustice and to seek justice, and as a way to prevent further horrors. Through this quest for justice in literature and arts, the volume proposes a wider cultural and research project which defies traditional formalistic and retributive approaches to criminal law, in order to open new perspectives for restorative and reintegrative strategies.

A well-established study course and research path, still flourishing in the Catholic University of Milan, is intent upon exploring the connection between “Literature” and “Justice”, especially with regard to the fields of criminal law and criminology. Literature is deemed particularly apt to reveal and let perceive as “cruel” (and thus obnoxiously superfluous)) not just punishments and penalties of certain kinds (e.g. torture, death penalty, etc.), but in general any overgrown need for the infliction or acceptance of “legitimate” sufferings expressed by our societies. This punitive attitude often stems from mentalities and practices rooted in institutions, social groups or individuals which are unable or unwilling to pay the “due attention” to those unique stories of human beings whose “open end” and “metamorphic” qualities perhaps make up the core of their dignity. It’s just literature which, “cultivating our humanity”, may lead common people and law practitioners to discover and cherish these stories and the dignity therein.

The book is the result of an international research project on the topic of bribery and the private sector, and specifically on the role of compliance programs, under the auspices of the United Nations Office on Drugs and Crime (UNODC), and involving the participation of an international team of prominent academic institutions, working under the coordination of the International Scientific and Professional Advisory Council of the United Nations (ISPAC), and in cooperation with Eni. The goal for the project has been to design and make available a unique Anti-Bribery Compliance Model (an “ABC Model”), based on the results of a serious effort to integrate international best practice in anti-corruption policy with a new set of maximum standards drawn from a combination of empirical observation,concrete business experience, theoretical research and comparative analysis of legal systems and case law. The ABC Model published in this book has therefore been designed to serve as the most advanced set of guidelines for multinational companies in complying with anti-corruption laws, while also comprising a new benchmark for use by national legislators—endorsed by international institutions, and consistent with the United Nations Convention against Corruption (UNCAC)—in assessing the liability of corporations in the event of corruption.

The Foreword underlines the value of the book, which is a noteworthy contribution to the analysis as well as prevention of corruption and its enormous damaging effects, combining and well balancing the economic and the legal approaches. As a matter of fact the only satisfactory way to deal with the problem requires the engagement of a wide range of legal, economic and cultural means, based on an understanding of the complex and systemic causal relations which give rise to this crime.

A new interdisciplinary approach is proposed in order to deal with criminal negligence cases. The legal theory of criminal negligence should encompass the role of organizations in affecting behaviour of individuals, especially favouring or not adequately preventing the risks of harm arising from its activities. Such approach requires also an organizational expertise in order to separate liabilties put on individuals from those pertaining to organizations, e.g. corporations or administrative institutions.

The theme of beauty has some relevance even in the domain of law. Single rules as well as the full legal order may be deemed somewhat "beautiful" whenever they comply with good standards of systematic coherence and correct wording. As a whole these features contribute to the perception of security among citizens, thus also reducing the search of scapegoats and the demand of harsh "law and order" policies.

Criminal law should nowadays seriously take in consideration the conditions allowing or hindering compliance of legal and social norm. Lawmaking and legal policiy needa to achieve clear understanding of the reasonable place criminal punishment should have within an ample framework of possible legal rules and means. This requires the collection of sound sociological, criminological and psychological knoweledges, especially in the field of comunnity prevention and social control. Only through such scientific approach criminal law can stick to the “extrema ratio” principle, namely be the last resource of social control, thus sparing the high material and human costs it requires. Moreover lawmakers, before passing any bill envisioning some sort of criminal punishment, should think of the possible “stakeholders” motivated or interested in contributing to the compliance thereof or of the social rules such punishment is intended to reinforce.

The dignity of people held in custody is considered in this work as a perspective able to provide a concrete and dynamic meaning to the general, but somewhat vague and controversial, concept of “human dignity”. Moving from a brief summary of national and international sources of law and from some philosophical premises on the significance of dignity, the essay tries to connect human dignity, equality, and freedoms within a unique systemic frame. If the guiding idea in a democratic society should be a life with, or worthy of, human dignity, such a condition is warranted by a series of human capabilities, whose implementation and protection should be deemed as main objectives of a “decent society”. Moreover, the vulnerable and fragile status of those serving a sentence demands a particular and constant attention upon their treatment inside a prison facility. The main issue lies in the compatibility of the criminal detention conditions in Italian prisons with the principle of rehabilitation stated by Art. 27.3 of the Italian Constitution and with the international safeguards of prisoners’ rights. The Italian enduring anathema of prison overcrowding epitomizes the hindrances to a real rehabilitation of detainees, especially in view of the European Court on Human Rights case law about the violation of Art. 3 of the ECHR due to Italy (pilot sentence: Torreggiani et al., 2013). The inescapable goal of improving the offender/inmate's care for his/her person, his/her thinking skills, and the care for his/her personal relations as tools for rehabilitation and, thus, prevention, should be achieved through criminal sanctions re-conceived as “projects” and “opportunities” to improve one's capabilities to contribute to the development of his/her community.

A new interdisciplinary approach is proposed in order to deal with criminal negligence cases. The legal theory of criminal negligence should encompass the role of organizations in affecting behaviour of individuals, especially favouring or not adequately preventing the risks of harm arising from its activities. Such approach requires also an organizational expertise in order to separate liabilties put on individuals from those pertaining to organizations, e.g. corporations or administrative institutions.

The theme of beauty has some relevance even in the domain of law. Single rules as well as the full legal order may be deemed somewhat "beautiful" whenever they comply with good standards of systematic coherence and correct wording. As a whole these features contribute to the perception of security among citizens, thus also reducing the search of scapegoats and the demand of harsh "law and order" policies.

Some trends in contemporary criminal policies (especially in Italy) are analyzed, focusing on some recent legislative measures and corresponding cultural attitudes towards foreign immigrants. The influence of the "law and order" mentalities on such policies are discussed and criticized as conducive to "labelling" outcomes, which threat to favour criminal behaviours instead of effectively preventing them.

Drawing on the "capability approach" (together with some theory of justice remarks by J.Rawls) a 'lexicographical ordering' of the main personal interests protected in several criminal codes of the world is undertaken. A distinctive feature of the essay is that it reports on the results of a survey which applies the methods of the empirical research, aimed at gaining knowledge by means of direct and indirect observation or experience, to criminal law regulations, as though they were empirical data. All interests are framed within single "capabilities", taken as variables of the research. The relationships among these variables and the incidence of each of them are assessed and discussed,and some criminal policy hypothesis based on such outcomes are put forward.

The actuality of Brechts's work and perspectives are highlighted,as the German writer was able to describe quite accurately the language and phoney moral reasons put forward by white-collar criminals to cover up their wrongdoings. Such techniques may be recognized also in the social and economic forces and ideologies as well which have favoured the current financial crisis and the appalling inequalities which are their outcome and cause.

Some recent reform proposals involving criminal law are discussed. AMong other topics, the need to improve tools which favour detection of corruption, without focusing only on the increase in severity of criminal sanctions, is highlighted. As to the issues of overall criminal justice, new paths are suggested, apt at reducing the weight of prison and developing innovative responses to crime and deviance.

Main contents and potentialities of the Italian law on the administrative liability of corporations (d.lgs. n. 231/2001) are discussed, focusing on the features which should especially fostered by judicature in order to enhance a real compliance among corporations. The hindsight bias, namely the the inclination to see illicit behaviours that have already occurred as being more predictable by corporate managements than they were before they took place, should be avoided by judges and prosecutors. This entails also the acceptance of a certain degree of "organizational risk" of wrongdongs, as trade-off for the advantages of a climate within firms which favours informational fluxes, autonomous decision-making and thus higher rates of whstleblowing among employees and managers.

In modern and especially late-modern society occurrence and prevalence of violent behaviours are related to an increased "need" of legal regulations, and vice versa, it is such need to foster violent behaviours.according to the circular mechanisms which are paramount in explaining social phenomena. To this relationship the mass media contribute massively, also through the legal formats they attribute to their story telling of violence.The area of violence and overbearing need of law may be reduced fundamentally enlarging, through opportunities of communicative and narrative interactions among individuals and communities,the mutual truth.

Origin and development of the "Law and Literature" movement are described, but this introduction to the book especially aims at emphasizing the quite characteristic methods and features of a collection of essays dealing properly with "Justice and Literature". Thus the scope of the work doesn't lie simply in showing how literature can contribute to the experiences, understanding and professional tasks of lawyers, but moreover how it could enhance their "sense of justice" and ability to master the esential tool of any legal practice and theory, namely the language.

The analysis of Robert Musil's Work, "Die Verwirrungen des Zoeglings Toerless", offers to the lawyer and the legal scholar manifold hints: the awareness of the limits of formal categories of law to grasp the richness and complexities of individual and social life, but also the need to stick to rationality, without undergoing the traps of irrationality; the importance for any regulation to know human motivations and feelings, in order to achieve adequate compliance.

The essay tries to capture some meanings, drawn from the cultural as well as religious history, of the concept of "hell", as viewed from the criminal justice perspective and taking account of the experience of the Shoah and of the crimes against humanity. "Infernal" experiences are deemed those where people are treated as passive recipient of decisions which are relevant for them. Justice theories based on the distributive paradigma (unicuique suum) are then confronted with most advanced, "inclusive" concepts. Such concepts stem from the idea of recognition and empowerment, i.e. from the need of some kind of active involvement in the public distributive processes (including the distribution of punishments) of all subjects interested in the relevant decisions.

The term “multiculturalism” belongs to those politically correct languages which often have the tendency to mask social problems, deluding into thinking that they are solved just through the use of the “right” word. The real issues at stake require a change in public and legal attitudes: first and foremost to look himself at the mirror of “other” eyes, namely to accept that one’s own cultural rules be viewed in the perspective of “other” cultures and be judged by a kind of “third”, “impartial spectator”. This implies a participatory process through which different arguments and analysis are examined and which in turn can be seen as a way to enhance objectivity and democracy in the political process. However it doesn’t seem that Italian legislation deployed until now to cope with “cultural motivated” crimes has followed such path, being rather oriented towards a kind of assimilation and discriminatory model.

The book explores and links different cultures, disciplines and perspectives, with a much more original and broad approach to the relations between “Justice” and “Literature” than more traditional works focused on “Law” and “Literature” topics. The many contributions from writers, literary critics, and criminal law scholars, build a complex and interdisciplinary path through primary works of Italian and international literature, with the aim of prompting readers’ reflections about core issues related to law, crime, and responsibility. Through the analysis of masterpieces of literature, theatre, music and cinema, this book aims at stimulating a dialogue and debate, as well as the critical ability and the sense of justice, amongst both law professionals and citizens at large. Literature and the other narrative arts are presented here as the key to approach long-standing questions about (amongst other) juridical formalism and equity; law and ethics; responsibility, culpability and forgiveness; rules, legality and how people relate to these concepts; the value of narration as a strategy to resist injustice and to seek justice; and so on. Through this quest for justice in literature and arts, the book proposes a wider cultural and research project which defies traditional formalistic and retributive approaches to criminal law, in order to open new perspectives for restorative and reintegrative strategies.

This introduction focuses on some of main problems dealt with in the book. First and foremost among such problems are those related to rhe effectiveness of the current Italian laws on money laundering (as shown by the very low rates of trials and convictions reported for this crime), on account of the difficulties encountered by professionals and authorities to correctly perceiev and evaluate the indicators of crime.

This introduction focuses on some of main problems dealt with in the book. First and foremost among such problems are those related to rhe effectiveness of the current Italian laws on money laundering (as shown by the very low rates of trials and convictions reported for this crime), on account of the difficulties encountered by professionals and authorities to correctly perceiev and evaluate the indicators of crime.

The Italian law of self-defense(after the 2006 reform of some relevant regulations within the criminal code) is analyzed, especially in its socio-political roots and implications. The new determination of the limits of the right of defense, albeit presented by the lawmakers as an enlargement of "citizens' liberty", reveals a will by government to renounce some of its traditional sovereign prerogatives, resulting in a serious discrimination among people having different abilities to actually defend their rights. Some parallels are drawn between this reform and the evolution in the American legal system and judicature (including the Supreme Court)of the "no duty to retreat" principle as well as of the related right to bear arms. The legal analysis is complemented with a criminological and sociological analysis of new and old expressions of the "ideology of vigilantism", as epitomized by the history of collective violence and lynchings.

Italian criminal law of corporations has undergone in 2002 a large reform which poses serious problems as to its compatibility with principles of justice and economic democracy. Despite the "liberal" attitudes overtly voiced at the time of its inception, it contradicts one of the main features of a developed, not merely traditional, sort of liberalism, namely the awareness of the strict need to survey and check power (especially economic, financial and industrial power) in its tendency to be opaquely concentrated in few hands. First and foremost in any consideration of public justice should be the equality in the distribution of relevant knowledges. As criminologists well know, white collar crime thrives in the dark but darkness in turn makes legal business and institutions blind to illegality and criminality. Contemporary criminal law scholars can no more afford to neglect how the wider cultural, institutional and economic environments, which encompass the scope of their professional decisions, is apt to define also the "justice" thereof, especially when criminal law impinges on economic relations and therefore on the conditions (not rarely themselves worth a criminal law's protection) of an adequate knowledge distribution among stakeholders and common citizens.

The book encompasses several essays on various criminal law and criminal justice themes. A large section is devoted to economic criminal law.

The editorial sketches the lines of new legal medicine review, seeking a renewal in method and content, to be based on a dialogue between lawyers of different skills and cultural backgrounds, forensic scientists, criminologists and whatever scientists may be interested in legal matters. The review wll focus among other things on the issues of medical malpractice and liability, the role of sciences in law making and judicial decisions,the legal responses to mental illness, judicial assessmnt of causation and negligence.

Il volume illustra le diverse fasi di una ricerca condotta dagli Autori, nell'ambito dell'attività di ricerca del Centro Studi federico Stella sulla Giustizia penale e la Politica criminale, sul tema della medicina difensiva. Con questo termine si indica quella modalità comportamentale degli operatori sanitari che, per minimizzare il proprio rischio di futuri contenziosi legali civili e penali, dispongono trattamenti che essi stessi reputano inutili per il paziente (medicina difensiva positiva o attiva) oppure evitano di intraprendere attività terapeutiche rischiose, dalle quali il paziente potrebbe tuttavia trarre beneficio (medicina difensiva negativa o passiva). L'indagine - che ha preso le mosse da una ricerca empirica di taglio quali-quantitativo, coordinata dal prof. Catino, volta a determinare con precisione le dimensioni del fenomeno in Italia - delinea le possibili strategie di intervento normativo per contrastare la diffusione di tali comportamenti e, anche attraverso un'analisi comparata delle legislazioni straniere maggiormente all'avanguardia in relazione al tema, propone un Progetto organico di riforma, operante lungo le seguenti direttrici: 1) definizione normativa del trattamento medico-chirurgico; 2) ridefinizione dei profili di responsabilità colposa del sanitario per i delitti di omicidio e lesioni, attraverso l'inserimento di una specifica norma dedicata a tale fattispecie (art. 590ter c.p.); 3) riforma della disciplina vigente in tema di selezione dei consulenti tecnici e dei periti nei procedimenti penali aventi ad oggetto fattispecie di colpa medica; 4) elaborazione di un articolato sistema di programmi di giustizia riparativa in ambito sanitario; 5) elaborazione di una complessiva riforma delle norme in materia di assicurazione per la responsabilità civile in ambito sanitario; 6) valorizzazione dell'attività delle Unità di gestione del rischio clinico, attraverso una serie di norme volte a garantire l'inutilizzabilità processuale delle attivi

Il volume illustra le diverse fasi di una ricerca condotta dagli Autori, nell'ambito dell'attività di ricerca del Centro Studi federico Stella sulla Giustizia penale e la Politica criminale, sul tema della medicina difensiva. Con questo termine si indica quella modalità comportamentale degli operatori sanitari che, per minimizzare il proprio rischio di futuri contenziosi legali civili e penali, dispongono trattamenti che essi stessi reputano inutili per il paziente (medicina difensiva positiva o attiva) oppure evitano di intraprendere attività terapeutiche rischiose, dalle quali il paziente potrebbe tuttavia trarre beneficio (medicina difensiva negativa o passiva). L'indagine - che ha preso le mosse da una ricerca empirica di taglio quali-quantitativo, coordinata dal prof. Catino, volta a determinare con precisione le dimensioni del fenomeno in Italia - delinea le possibili strategie di intervento normativo per contrastare la diffusione di tali comportamenti e, anche attraverso un'analisi comparata delle legislazioni straniere maggiormente all'avanguardia in relazione al tema, propone un Progetto organico di riforma, operante lungo le seguenti direttrici: 1) definizione normativa del trattamento medico-chirurgico; 2) ridefinizione dei profili di responsabilità colposa del sanitario per i delitti di omicidio e lesioni, attraverso l'inserimento di una specifica norma dedicata a tale fattispecie (art. 590ter c.p.); 3) riforma della disciplina vigente in tema di selezione dei consulenti tecnici e dei periti nei procedimenti penali aventi ad oggetto fattispecie di colpa medica; 4) elaborazione di un articolato sistema di programmi di giustizia riparativa in ambito sanitario; 5) elaborazione di una complessiva riforma delle norme in materia di assicurazione per la responsabilità civile in ambito sanitario; 6) valorizzazione dell'attività delle Unità di gestione del rischio clinico, attraverso una serie di norme volte a garantire l'inutilizzabilità processuale dell

Il saggio illustra i risultati dell'indagine condotta dagli Autori, insieme ad altri docenti del Centro Studi Federico Stella sulla Giustizia penale e la Politica criminale, in tema di "medicina difensiva" e gestione del contenzioso legato al rischio clinico. La ricerca si conclude con una proposta di riforma legislativa, in 34 articoli, finalizzata a rivisitare la disciplina della responsabilità professionale in caso di medical malpractice.