Colpevolezza e rischio illecito: la Cassazione alla prova dell’imputazione preterintenzionale

The judgment analyzed by the present note strengthens the role of the principle of culpability in the very problematic field of criminal liability for unlawful risks. At the same time, the opinion provides an opportunity to grasp the inherent graduality which characterizes criminal responsibility, and in particular negligent criminal liability, which from the standard of foreseeability and avoidability can fall back to the model of concrete foreseeability, without thereby marking a return to strict liability. This latter paradigm, in fact, can express too an adequate subjective disvalue of the crime.