Il diritto penale preventivo nell'epoca dell'insicurezza

The growing importance of collective security needs has conditioned the choices of criminal law, emphasizing the role of criminal control to strengthen collective security. In part this development is the «normal» effect of the necessity to prevent dangerous facts. In part it represents the pathological development of the criminal law. In this direction the Legislator introduces new crimes punishing preparatory facts, regardless of the responsability in a cospiracy. In this way the new offences occupy the field of the traditional preventive measures: new preventive crimes and preventive measures with punitiv content represent a «criminal law to the limit», where it is not easy to distinguish the conditions of legitimation of the criminal choices.