Lorenzo Pasculli | University College London (original) (raw)
Articles by Lorenzo Pasculli
Policing, 2021
Recent corruption scandals suggest that the legal structures developed to responsibilize corporat... more Recent corruption scandals suggest that the legal structures developed to responsibilize corporations might paradoxically enable the systematization of corruption across entire industry sectors. This study uses grounded theory methodology to develop a preliminary theoretical model of the correlations between the law, responsibilization, and the causes of systemic corruption. Through a qualitative examination of documental evidence from the case study of the recent Australian banking scandal, this article conceptualizes a two-way process of ‘legal deresponsibilization’. On the one hand, legal dysfunctions fail to effectively support the situational and cultural goals of responsibilization. On the other hand, the pursuit of such goals transforms the law in ways that can lead to the deresponsibilization of both corporations and the state. The article suggests that structural reforms are needed to correct this process and the underlying systemic imbalances between the legal promotion of financial interests and that of countervailing values of integrity and accountability.
Coventry Law Journal, 2020
The sudden move of our lives online during the coronavirus pandemic has dramatically increased fr... more The sudden move of our lives online during the coronavirus pandemic has dramatically increased fraud risks. The personal and economic harms are enormous. The UK Government is responding with a two-fold approach. On the one hand, it relies on traditional law enforcement. On the other hand, it seeks to encourage individuals, businesses and public agencies to take responsibility in controlling and preventing crime by changing their practices through information campaigns and risk assessment and management., a strategy known as 'responsibilisation'. While literature in the last few decades has broadly analysed the social implications of responsibilisation on crime control in general, not many studies have focused on the specific area of financial crime. This study assesses the UK response to Covid19-related fraud risks in light of the literature on responsibilisation through a comparative review of different policies and practices by various government agencies. Our analysis will reveal that the UK Government’s two-fold approach to fraud and financial crime is inherently inadequate to effectively prevent crime. Strained law enforcement agencies and regulators struggle to cope with the high numbers of reported frauds. As a result, both deterrence and retribution are undermined. On the other hand, the fixation on the surgical identification, dissection and rectification of a myriad of micro-situations that can entail a risk of crime causes the government to lose sight of the root causes of crime - biological, psychological, social, cultural, economic and political. After our critical discussion, we will put forwards some recommendations to improve not only Covid19-related anti-fraud policies and practices but, more generally, the response to fraud and financial crime.
Journal of Ethics and Legal Technologies, 2020
Information and communication technologies provide immediate means, motivations and opportunities... more Information and communication technologies provide immediate means, motivations and opportunities for cybercrime. However, deeper cultural, social and psychological developments triggered by globalisation are the root causes of such motivations and opportunities. Successful strategies to prevent cybercrime cannot focus only on technological or infrastructural defences but must address these global developments. While scientific understanding and political awareness of such causes are still limited, studies from different disciplines, including sociology, criminology and psychology, allow to detect some global criminogenic patterns and to identify the state responsibilities of national governments for failing to address them adequately. This article integrates the findings of these studies to provide a preliminary interdisciplinary theory of the global causes of cybercrime and assess what national governments can do to mitigate them.
Journal of Financial Crime , 2019
Purpose-This article assesses the risks of systematisation of corruption in the UK following the ... more Purpose-This article assesses the risks of systematisation of corruption in the UK following the Brexit referendum.
Design/methodology/approach-The article applies theoretical and empirical findings of criminological, social, psychological, economic and legal research on the causes of systemic corruption to the socio-institutional developments following the Leave vote.
Findings-The events surrounding the referendum confirm that the resort to corrupt practices is normalised in certain sectors of the British institutions, business and media and that socio-political processes activated by the Leave vote and inadequate UK policy-and lawmaking can aggravate the situational and socio-psychological enablers of systemic corruption. Effective solutions must go beyond mere anti-corruption laws and address deeper social issues.
Research limitations/implications-The article focuses only on some of the major situational and socio-psychological causes of systemic corruption, including the unintended criminogenic effects of the law. More interdisciplinary research is required to address other causes, such as historical and cultural factors.
Practical implications-The findings of this article can inspire practical solutions by policymakers and future research.
Social implications-The article contributes to raise social awareness and stimulate public discussion on systemic corruption in the UK and on the consequences of the referendum on public and private integrity.
Originality/value-The article offers the first systematic analysis of the effects of Brexit and the referendum on corruption through an integrated interdisciplinary approach to systemic corruption in the UK. Article classification-Research paper
Diritto Penale XXI Secolo, 2016
Despite its liberal tradition, the English law is still far from enforcing the harm principle as ... more Despite its liberal tradition, the English law is still far from enforcing the harm principle as a fundamental principle of criminal law. On the one hand, the legislator often criminalises harmless behaviours; on the other hand, courts still seek to enforce morality through criminal law. A new perspective comes from the Italian doctrine of the principio di offensività (literally, principle of harmfulness), in its twofold dimension of criterion of criminalisation and criterion of judicial interpretation-application. Such principle had a considerable impact on Italian law, to the extent that the Constitutional Court recognised it as a constitutionalised principle of criminal law. This article assesses the possibility of exporting the Italian constitutional oriented approach to the English legal framework, in the attempt of finding some legal and constitutional foundations for the harm principle.
Diritto Penale XXI Secolo, 2016
For more than thirty years the English law established that whenever two defendants had a common ... more For more than thirty years the English law established that whenever two defendants had a common intention to commit a particular crime, but one of them committed another crime, the other party was criminally liable for the acts by the primary offender if he had foreseen the possibility that he might have acted as he did. The principle was based on the equation between foresight and intent. The recent decision of the UK Supreme Court in the joint cases Jogee and Ruddock changes the law, by restating the older principle according to which the mental element required of a secondary party is an intention to assist or encourage the principal to commit the crime. Foresight is not equivalent to authorisation. This decision has the effect of bringing the mental element of the secondary party back into broad parity with what is required of the principal and of narrowing the scope of criminal law. It can also stimulate Italian lawyers and law-makers to start a thorough rethinking of the law of the much-debated concorso anomalo.
This paper contains one of the first analysis of the urgent procedure for the space of liberty, s... more This paper contains one of the first analysis of the urgent procedure for the space of liberty, security and justice before the Court of Justice of the European Union, which is most relevant in criminal matters.
Short commentary on a decision of the Judge for Preliminary Investigation of the Criminal Court o... more Short commentary on a decision of the Judge for Preliminary Investigation of the Criminal Court of Venice (February 14th, 2007) on the power of the "support administrator" ("amministratore di sostegno") of a person incapable of attending to their own interests to press charges for a criminal offense committed against the administrated person.
Papers by Lorenzo Pasculli
La normalizzazione della prevenzione eccezionale del crimine globale. Improvvisazione "con una ma... more La normalizzazione della prevenzione eccezionale del crimine globale. Improvvisazione "con una mano legata" in quattro tempi e finale sull'emerso diritto della prevenzione criminale negativa ..
Social Science Research Network, Aug 31, 2016
Despite its liberal tradition, the English law is still far from enforcing the harm principle as ... more Despite its liberal tradition, the English law is still far from enforcing the harm principle as a fundamental principle of criminal law. On the one hand, the legislator often criminalises harmless behaviours; on the other hand, courts still seek to enforce morality through criminal law. A new perspective comes from the Italian doctrine of the principio di offensività (literally, principle of harmfulness), in its twofold dimension of criterion of criminalisation and criterion of judicial interpretation-application. Such principle had a considerable impact on Italian law, to the extent that the Constitutional Court recognised it as a constitutionalised principle of criminal law. This article assesses the possibility of exporting the Italian constitutional oriented approach to the English legal framework, in the attempt of finding some legal and constitutional foundations for the harm principle.
This submission assesses the Government’s measures to: A. Reduce the risk of people being taken a... more This submission assesses the Government’s measures to: A. Reduce the risk of people being taken advantage of by fraud at this time, in particular with regard to vulnerable groups; B. Ensure that businesses and individuals are claiming appropriately and that fraudulent claims within the Coronavirus Job Retention Scheme (CJRS) and the Self-employed Income Support Scheme (SEISS) are detected. The submission finds that A. The response of Government and regulators to general coronavirus-related fraud risks is inadequate; B. The Government’s response to the specific fraud risks triggered by CJRS and SEISS is also inadequate. After discussing the reasons for such inadequacy, the report proposes policy recommendations.
Corruption, Integrity and the Law, 2020
The article explores the problems of criminal liability for performance of work or provision of s... more The article explores the problems of criminal liability for performance of work or provision of services that do not meet the safety requirements. The protection of public health, as part of public safety, is one of the priority tasks of the criminal legislation of Russia. Each consumer must be sure that the services provided and work performed are safe for his life and health. The relevance of the topic due to the current ambiguous legal practice and due to the lack of a unified approach of the law enforcer in the matter of qualifying acts in the field of work or the provision of services that do not meet the requirements. Currently, there is the problem of delimiting various types of responsibility in the field under consideration, determining the subject of the crime, the victim, and also the subjective side of the crime. In order to eliminate the revealed contradictions in the law enforcement practice, the authors analyzed the judicial practice, the norms of material and procedural legislation in order to determine the signs of goods (works, services) that do not meet the safety requirements of life and health of consumers within the framework of the analyzed norm, signs of crime. Raised by the author topic is relevant in light of the decisions of the Resolution of the Plenum of the Supreme Court of the Russian Federation of November 18, 2004 N 23 "On judicial practice in cases of illegal business and legalization (laundering) of money or other property acquired by criminal means".
Our previous book Corruption in the Global Era (Pasculli and Ryder, 2019a) aimed at improving our... more Our previous book Corruption in the Global Era (Pasculli and Ryder, 2019a) aimed at improving our understanding of the global causes, means, forms of perpetration and effects of corruption through an interdisciplinary dialogue between academics and practitioners, taking advantage also of the partnership between the Financial Crime Research Network (FCRN) at the University of the West of England and the Global Integrity Research Network (GIRN) at the Centre for Financial and Corporate Integrity (CFCI) of Coventry University. This volume complements those studies by focusing on global and local regulatory responses to corruption. It is not a handbook or a commentary, but a research book aimed at advancing the still limited assessment of the effectiveness of anti-corruption laws (cf. Isenring, Chapter 14) and enriching the scarce British literature on corruption and financial crime (cf. Ryder, 2018a: p. 247). Many of the authors are practitioners and the approach is still interdisciplinary: different fields of the law (criminal law, tax law, European law, corporate law, competition law), as well as issues in ethics, criminology, restorative justice, governance and political philosophy are covered. The perspective is international and comparative. The book explores not only international regulations but also their implementation in different countries, such as the United Kingdom (UK), the United States (US), Italy, Switzerland, Luxembourg, and Nigeria. This chapter brings together the findings of this book and formulates recommendations for future policies and research. One of its purposes is precisely to coordinate such findings with those of our previous research. Therefore, remands to our own works are not self- congratulatory, but necessary to avoid reiterating arguments and references already expressed elsewhere. In the first section, we will outline the sources of the current global anti-corruption framework and their limits. In the second section, we will illustrate the shortcomings of negative anti-corruption measures, while in the third we will analyse positive measures. In the fourth section, we will articulate some recommendations. Finally, we will draw our conclusions.
SSRN Electronic Journal, 2020
The sudden move of our lives online during the coronavirus pandemic has dramatically increased fr... more The sudden move of our lives online during the coronavirus pandemic has dramatically increased fraud risks. The personal and economic harms are enormous. The UK Government is responding with a two-fold approach. On the one hand, it relies on traditional law enforcement. On the other hand, it seeks to encourage individuals, businesses and public agencies to take responsibility in controlling and preventing crime by changing their practices through information campaigns and risk assessment and management., a strategy known as 'responsibilisation'. While literature in the last few decades has broadly analysed the social implications of responsibilisation on crime control in general, not many studies have focused on the specific area of financial crime. This study assesses the UK response to COVID-19-related fraud risks in light of the literature on responsibilisation through a comparative review of different policies and practices by various government agencies. Our analysis will reveal that the UK Government’s two-fold approach to fraud and financial crime is inherently inadequate to effectively prevent crime. Strained law enforcement agencies and regulators struggle to cope with the high numbers of reported frauds. As a result, both deterrence and retribution are undermined. On the other hand, the fixation on the surgical identification, dissection and rectification of a myriad of micro-situations that can entail a risk of crime causes the government to lose sight of the root causes of crime - biological, psychological, social, cultural, economic and political. After our critical discussion, we will put forwards some recommendations to improve not only COVID-19-related anti-fraud policies and practices but, more generally, the response to fraud and financial crime.
SSRN Electronic Journal, 2015
CONTENTS: 1. The global era and its negatives. – 1.1. The globalisation of crime. – 1.2. The “neg... more CONTENTS: 1. The global era and its negatives. – 1.1. The globalisation of crime. – 1.2. The “negativisation” of crime prevention. – 2. The three ways of negative prevention. – 2.1. The criminalisation of dangerousness (and more). – 2.2. Pre-crime and post-crime negative measures – 2.3. Emergency measures. – 2.4. The negative effects of negative prevention. – 3. For a positive turn. – 3.1. Towards a global society and a global system of criminal justice. – 3.2. Deconstructing and reconstructing frameworks. – 3.3. For a general theory of negative prevention. – 3.4. Lessons from the Italian experience. – 4. Conclusive remarks: positive values and the value of positives.
Policing, 2021
Recent corruption scandals suggest that the legal structures developed to responsibilize corporat... more Recent corruption scandals suggest that the legal structures developed to responsibilize corporations might paradoxically enable the systematization of corruption across entire industry sectors. This study uses grounded theory methodology to develop a preliminary theoretical model of the correlations between the law, responsibilization, and the causes of systemic corruption. Through a qualitative examination of documental evidence from the case study of the recent Australian banking scandal, this article conceptualizes a two-way process of ‘legal deresponsibilization’. On the one hand, legal dysfunctions fail to effectively support the situational and cultural goals of responsibilization. On the other hand, the pursuit of such goals transforms the law in ways that can lead to the deresponsibilization of both corporations and the state. The article suggests that structural reforms are needed to correct this process and the underlying systemic imbalances between the legal promotion of financial interests and that of countervailing values of integrity and accountability.
Coventry Law Journal, 2020
The sudden move of our lives online during the coronavirus pandemic has dramatically increased fr... more The sudden move of our lives online during the coronavirus pandemic has dramatically increased fraud risks. The personal and economic harms are enormous. The UK Government is responding with a two-fold approach. On the one hand, it relies on traditional law enforcement. On the other hand, it seeks to encourage individuals, businesses and public agencies to take responsibility in controlling and preventing crime by changing their practices through information campaigns and risk assessment and management., a strategy known as 'responsibilisation'. While literature in the last few decades has broadly analysed the social implications of responsibilisation on crime control in general, not many studies have focused on the specific area of financial crime. This study assesses the UK response to Covid19-related fraud risks in light of the literature on responsibilisation through a comparative review of different policies and practices by various government agencies. Our analysis will reveal that the UK Government’s two-fold approach to fraud and financial crime is inherently inadequate to effectively prevent crime. Strained law enforcement agencies and regulators struggle to cope with the high numbers of reported frauds. As a result, both deterrence and retribution are undermined. On the other hand, the fixation on the surgical identification, dissection and rectification of a myriad of micro-situations that can entail a risk of crime causes the government to lose sight of the root causes of crime - biological, psychological, social, cultural, economic and political. After our critical discussion, we will put forwards some recommendations to improve not only Covid19-related anti-fraud policies and practices but, more generally, the response to fraud and financial crime.
Journal of Ethics and Legal Technologies, 2020
Information and communication technologies provide immediate means, motivations and opportunities... more Information and communication technologies provide immediate means, motivations and opportunities for cybercrime. However, deeper cultural, social and psychological developments triggered by globalisation are the root causes of such motivations and opportunities. Successful strategies to prevent cybercrime cannot focus only on technological or infrastructural defences but must address these global developments. While scientific understanding and political awareness of such causes are still limited, studies from different disciplines, including sociology, criminology and psychology, allow to detect some global criminogenic patterns and to identify the state responsibilities of national governments for failing to address them adequately. This article integrates the findings of these studies to provide a preliminary interdisciplinary theory of the global causes of cybercrime and assess what national governments can do to mitigate them.
Journal of Financial Crime , 2019
Purpose-This article assesses the risks of systematisation of corruption in the UK following the ... more Purpose-This article assesses the risks of systematisation of corruption in the UK following the Brexit referendum.
Design/methodology/approach-The article applies theoretical and empirical findings of criminological, social, psychological, economic and legal research on the causes of systemic corruption to the socio-institutional developments following the Leave vote.
Findings-The events surrounding the referendum confirm that the resort to corrupt practices is normalised in certain sectors of the British institutions, business and media and that socio-political processes activated by the Leave vote and inadequate UK policy-and lawmaking can aggravate the situational and socio-psychological enablers of systemic corruption. Effective solutions must go beyond mere anti-corruption laws and address deeper social issues.
Research limitations/implications-The article focuses only on some of the major situational and socio-psychological causes of systemic corruption, including the unintended criminogenic effects of the law. More interdisciplinary research is required to address other causes, such as historical and cultural factors.
Practical implications-The findings of this article can inspire practical solutions by policymakers and future research.
Social implications-The article contributes to raise social awareness and stimulate public discussion on systemic corruption in the UK and on the consequences of the referendum on public and private integrity.
Originality/value-The article offers the first systematic analysis of the effects of Brexit and the referendum on corruption through an integrated interdisciplinary approach to systemic corruption in the UK. Article classification-Research paper
Diritto Penale XXI Secolo, 2016
Despite its liberal tradition, the English law is still far from enforcing the harm principle as ... more Despite its liberal tradition, the English law is still far from enforcing the harm principle as a fundamental principle of criminal law. On the one hand, the legislator often criminalises harmless behaviours; on the other hand, courts still seek to enforce morality through criminal law. A new perspective comes from the Italian doctrine of the principio di offensività (literally, principle of harmfulness), in its twofold dimension of criterion of criminalisation and criterion of judicial interpretation-application. Such principle had a considerable impact on Italian law, to the extent that the Constitutional Court recognised it as a constitutionalised principle of criminal law. This article assesses the possibility of exporting the Italian constitutional oriented approach to the English legal framework, in the attempt of finding some legal and constitutional foundations for the harm principle.
Diritto Penale XXI Secolo, 2016
For more than thirty years the English law established that whenever two defendants had a common ... more For more than thirty years the English law established that whenever two defendants had a common intention to commit a particular crime, but one of them committed another crime, the other party was criminally liable for the acts by the primary offender if he had foreseen the possibility that he might have acted as he did. The principle was based on the equation between foresight and intent. The recent decision of the UK Supreme Court in the joint cases Jogee and Ruddock changes the law, by restating the older principle according to which the mental element required of a secondary party is an intention to assist or encourage the principal to commit the crime. Foresight is not equivalent to authorisation. This decision has the effect of bringing the mental element of the secondary party back into broad parity with what is required of the principal and of narrowing the scope of criminal law. It can also stimulate Italian lawyers and law-makers to start a thorough rethinking of the law of the much-debated concorso anomalo.
This paper contains one of the first analysis of the urgent procedure for the space of liberty, s... more This paper contains one of the first analysis of the urgent procedure for the space of liberty, security and justice before the Court of Justice of the European Union, which is most relevant in criminal matters.
Short commentary on a decision of the Judge for Preliminary Investigation of the Criminal Court o... more Short commentary on a decision of the Judge for Preliminary Investigation of the Criminal Court of Venice (February 14th, 2007) on the power of the "support administrator" ("amministratore di sostegno") of a person incapable of attending to their own interests to press charges for a criminal offense committed against the administrated person.
La normalizzazione della prevenzione eccezionale del crimine globale. Improvvisazione "con una ma... more La normalizzazione della prevenzione eccezionale del crimine globale. Improvvisazione "con una mano legata" in quattro tempi e finale sull'emerso diritto della prevenzione criminale negativa ..
Social Science Research Network, Aug 31, 2016
Despite its liberal tradition, the English law is still far from enforcing the harm principle as ... more Despite its liberal tradition, the English law is still far from enforcing the harm principle as a fundamental principle of criminal law. On the one hand, the legislator often criminalises harmless behaviours; on the other hand, courts still seek to enforce morality through criminal law. A new perspective comes from the Italian doctrine of the principio di offensività (literally, principle of harmfulness), in its twofold dimension of criterion of criminalisation and criterion of judicial interpretation-application. Such principle had a considerable impact on Italian law, to the extent that the Constitutional Court recognised it as a constitutionalised principle of criminal law. This article assesses the possibility of exporting the Italian constitutional oriented approach to the English legal framework, in the attempt of finding some legal and constitutional foundations for the harm principle.
This submission assesses the Government’s measures to: A. Reduce the risk of people being taken a... more This submission assesses the Government’s measures to: A. Reduce the risk of people being taken advantage of by fraud at this time, in particular with regard to vulnerable groups; B. Ensure that businesses and individuals are claiming appropriately and that fraudulent claims within the Coronavirus Job Retention Scheme (CJRS) and the Self-employed Income Support Scheme (SEISS) are detected. The submission finds that A. The response of Government and regulators to general coronavirus-related fraud risks is inadequate; B. The Government’s response to the specific fraud risks triggered by CJRS and SEISS is also inadequate. After discussing the reasons for such inadequacy, the report proposes policy recommendations.
Corruption, Integrity and the Law, 2020
The article explores the problems of criminal liability for performance of work or provision of s... more The article explores the problems of criminal liability for performance of work or provision of services that do not meet the safety requirements. The protection of public health, as part of public safety, is one of the priority tasks of the criminal legislation of Russia. Each consumer must be sure that the services provided and work performed are safe for his life and health. The relevance of the topic due to the current ambiguous legal practice and due to the lack of a unified approach of the law enforcer in the matter of qualifying acts in the field of work or the provision of services that do not meet the requirements. Currently, there is the problem of delimiting various types of responsibility in the field under consideration, determining the subject of the crime, the victim, and also the subjective side of the crime. In order to eliminate the revealed contradictions in the law enforcement practice, the authors analyzed the judicial practice, the norms of material and procedural legislation in order to determine the signs of goods (works, services) that do not meet the safety requirements of life and health of consumers within the framework of the analyzed norm, signs of crime. Raised by the author topic is relevant in light of the decisions of the Resolution of the Plenum of the Supreme Court of the Russian Federation of November 18, 2004 N 23 "On judicial practice in cases of illegal business and legalization (laundering) of money or other property acquired by criminal means".
Our previous book Corruption in the Global Era (Pasculli and Ryder, 2019a) aimed at improving our... more Our previous book Corruption in the Global Era (Pasculli and Ryder, 2019a) aimed at improving our understanding of the global causes, means, forms of perpetration and effects of corruption through an interdisciplinary dialogue between academics and practitioners, taking advantage also of the partnership between the Financial Crime Research Network (FCRN) at the University of the West of England and the Global Integrity Research Network (GIRN) at the Centre for Financial and Corporate Integrity (CFCI) of Coventry University. This volume complements those studies by focusing on global and local regulatory responses to corruption. It is not a handbook or a commentary, but a research book aimed at advancing the still limited assessment of the effectiveness of anti-corruption laws (cf. Isenring, Chapter 14) and enriching the scarce British literature on corruption and financial crime (cf. Ryder, 2018a: p. 247). Many of the authors are practitioners and the approach is still interdisciplinary: different fields of the law (criminal law, tax law, European law, corporate law, competition law), as well as issues in ethics, criminology, restorative justice, governance and political philosophy are covered. The perspective is international and comparative. The book explores not only international regulations but also their implementation in different countries, such as the United Kingdom (UK), the United States (US), Italy, Switzerland, Luxembourg, and Nigeria. This chapter brings together the findings of this book and formulates recommendations for future policies and research. One of its purposes is precisely to coordinate such findings with those of our previous research. Therefore, remands to our own works are not self- congratulatory, but necessary to avoid reiterating arguments and references already expressed elsewhere. In the first section, we will outline the sources of the current global anti-corruption framework and their limits. In the second section, we will illustrate the shortcomings of negative anti-corruption measures, while in the third we will analyse positive measures. In the fourth section, we will articulate some recommendations. Finally, we will draw our conclusions.
SSRN Electronic Journal, 2020
The sudden move of our lives online during the coronavirus pandemic has dramatically increased fr... more The sudden move of our lives online during the coronavirus pandemic has dramatically increased fraud risks. The personal and economic harms are enormous. The UK Government is responding with a two-fold approach. On the one hand, it relies on traditional law enforcement. On the other hand, it seeks to encourage individuals, businesses and public agencies to take responsibility in controlling and preventing crime by changing their practices through information campaigns and risk assessment and management., a strategy known as 'responsibilisation'. While literature in the last few decades has broadly analysed the social implications of responsibilisation on crime control in general, not many studies have focused on the specific area of financial crime. This study assesses the UK response to COVID-19-related fraud risks in light of the literature on responsibilisation through a comparative review of different policies and practices by various government agencies. Our analysis will reveal that the UK Government’s two-fold approach to fraud and financial crime is inherently inadequate to effectively prevent crime. Strained law enforcement agencies and regulators struggle to cope with the high numbers of reported frauds. As a result, both deterrence and retribution are undermined. On the other hand, the fixation on the surgical identification, dissection and rectification of a myriad of micro-situations that can entail a risk of crime causes the government to lose sight of the root causes of crime - biological, psychological, social, cultural, economic and political. After our critical discussion, we will put forwards some recommendations to improve not only COVID-19-related anti-fraud policies and practices but, more generally, the response to fraud and financial crime.
SSRN Electronic Journal, 2015
CONTENTS: 1. The global era and its negatives. – 1.1. The globalisation of crime. – 1.2. The “neg... more CONTENTS: 1. The global era and its negatives. – 1.1. The globalisation of crime. – 1.2. The “negativisation” of crime prevention. – 2. The three ways of negative prevention. – 2.1. The criminalisation of dangerousness (and more). – 2.2. Pre-crime and post-crime negative measures – 2.3. Emergency measures. – 2.4. The negative effects of negative prevention. – 3. For a positive turn. – 3.1. Towards a global society and a global system of criminal justice. – 3.2. Deconstructing and reconstructing frameworks. – 3.3. For a general theory of negative prevention. – 3.4. Lessons from the Italian experience. – 4. Conclusive remarks: positive values and the value of positives.
Journal of Financial Crime, 2019
Purpose This study aims to assess the risks of systematisation of corruption in the UK following ... more Purpose This study aims to assess the risks of systematisation of corruption in the UK following the Brexit referendum. Design/methodology/approach The study applies theoretical and empirical findings of criminological, social, psychological, economic and legal research on the causes of systemic corruption to the socio-institutional developments following the Leave vote. Findings The events surrounding the referendum confirm that the resort to corrupt practices is normalised in certain sectors of the British institutions, business and media and that socio-political processes activated by the Leave vote and inadequate UK policymaking and lawmaking can aggravate the situational and socio-psychological enablers of systemic corruption. Effective solutions must go beyond mere anti-corruption laws and address deeper social issues. Research limitations/implications The study focuses only on some of the major situational and socio-psychological causes of systemic corruption, including the u...
Corruption in the Global Era, 2019
Chapter on the criminal offences of failing to report a crime by medical doctors in a textbook of... more Chapter on the criminal offences of failing to report a crime by medical doctors in a textbook of Italian Criminal Law, also with comparative notes.
Bullying is a complex phenomenon, rich of implications. Multiple and complex are its causes as mu... more Bullying is a complex phenomenon, rich of implications. Multiple and complex are its causes as multiple can be its consequences. Several persons are involved in such phenomenon (the bully, the victim, the so-called "non-involved spectators", the parents, the teachers etc.) as several are the types and manifestations of bullying (physical, verbal, direct, indirect, social exclusion etc.). The increasing episodes of bullying, the social alarm which they create and the media attention led the italian Parliament to present specific law proposals aimed to fight the phenomenon. By now, though, as a whole phenomenon, bullying is not yet regulated by any "ad hoc" legislation. That does not mean that law does not care about bullying and does not offer any kind of response. Indeed, the many forms of bullying find a satisfactory regulation in the rich and articulated set of measures provided for by the Italian juvenile justice system. Such system could be probably perfected...
This chapter (part of an handbook concerning the special part of Italian criminal law) offers an ... more This chapter (part of an handbook concerning the special part of Italian criminal law) offers an exhaustive analysis of the offenses of failing to report a crime committed by public officers provided for by articles 361 and 362 of the Italian criminal code.
For more than thirty years the English law established that whenever two defendants had a common ... more For more than thirty years the English law established that whenever two defendants had a common intention to commit a particular crime, but one of them committed another crime, the other party was criminally liable for the acts by the primary offender if he had foreseen the possibility that he might have acted as he did. The principle was based on the equation between foresight and intent. The recent decision of the UK Supreme Court in the joint cases Jogee and Ruddock changes the law, by restating the older principle according to which the mental element required of a secondary party is an intention to assist or encourage the principal to commit the crime. Foresight is not equivalent to authorisation. This decision has the effect of bringing the mental element of the secondary party back into broad parity with what is required of the principal and of narrowing the scope of criminal law. It can also stimulate Italian lawyers and law-makers to start a thorough rethinking of the law ...
Annual International Conference on Law, Regulations and Public Policy (LRPP 2017), 2017
Law, as a set of sources including legislation, administrative regulations, custom, and judicial ... more Law, as a set of sources including legislation, administrative regulations, custom, and judicial decisions, is one of the causes of systemic corruption, intended as the generalised practice of various forms of abuse of entrusted power for private gain as part of the culture and the institutional system of a country. This paper assesses the validity of the outcomes of the most significant research conducted in Europe on the unintended criminogenic effects of legislation and the viability of the mechanism of legislative crime proofing developed for EU law in the particular legal context of Commonwealth countries. The first objective is to offer some original theoretical perspectives and practical solutions, and, particularly, to develop a comprehensive, principled strategy capable of suiting the most disparate legal systems. A secondary objective of this paper is to stimulate further discussion and research on the crime and corruption risks of the law, as a necessary step towards the elimination of systemic corruption.
Routledge, 2020
Globalisation has opened new avenues to corruption. Corrupt practices are proliferating not only ... more Globalisation has opened new avenues to corruption. Corrupt practices are proliferating not only within national borders but across different countries. Despite many national and international anti-corruption bodies and strategies, corruption far from being eradicated. There is an urgent global demand for a better understanding of corruption as a phenomenon and a thorough assessment of the existing regulatory remedies, towards the establishment of more effective (and possibly uniform) anti-corruption measures.
Our previous collection, Corruption in the Global Era (Routledge, 2019), analysed the causes, the sources, and the forms of manifestation of global corruption. An ideal continuation of that volume, this book moves from the analysis of the phenomenon of corruption to that of the regulatory remedies against corruption and for the promotion of integrity.
Corruption, Integrity and the Law provides a unique interdisciplinary assessment of the global anti-corruption legal framework. The collection gathers top experts in different fields of both the academic and the professional world – including criminal law, EU law, international law, competition law, corporate law and ethics. It analyses legal instruments adopted not only at a supranational level but also by different countries, in the attempt of establishing an interdisciplinary and comparative dialogue between theory and practice and between different legal systems towards a better global promotion of integrity. This book will be of value to researchers, academics and students in the fields of law, criminology, sociology, economics, ethics as well as professionals – especially solicitors, barristers, businessmen and public servants.
Routledge, 2020
Corruption is a globalising phenomenon. Not only is it rapidly expanding globally but, more signi... more Corruption is a globalising phenomenon. Not only is it rapidly expanding globally but, more significantly, its causes, its means and forms of perpetration and its effects are more and more rooted in the many developments of globalisation. The Panama Papers, the FIFA scandals and the Petrobras case in Brazil are just a few examples of the rapid and alarming globalisation of corrupt practices in recent years. The lack of empirical evidence on corrupt schemes and a still imperfect dialogue between different disciplinary areas and between academic and practitioners hinder our knowledge of corruption as a global phenomenon and slow down the adoption of appropriate policy responses.
Corruption in the Global Era seeks to establish an interdisciplinary dialogue between theory and practice and between different disciplines and to provide a better understanding of the multifaceted aspects of corruption as a global phenomenon. This book gathers top experts across various fields of both the academic and the professional world – including criminology, economics, finance, journalism, law, legal ethics and philosophy of law – to analyze the causes and the forms of manifestation of corruption in the global context and in various sectors (sports, health care, finance, the press etc.) from the most disparate perspectives. The theoretical frameworks elaborated by academics are here complemented by precious insider accounts on corruption in different areas, such as banking and finance and the press. The expanding links between corrupt practices and other global crimes, such as money laundering, fraud and human trafficking, are also explored. This book is an important resource to researchers, academics and students in the fields of law, criminology, sociology, economics and ethics, as well as professionals, particularly solicitors, barristers, businessmen and public servants.
This study is an ambitious project aimed at framing in one comprehensive global system all the ex... more This study is an ambitious project aimed at framing in one comprehensive global system all the existing models of prevention of global crime, both on a national and international level, with particular regard to negative preventive measures – that is measures compressing individual rights and liberties even before a crime is committed – in the attempt to assess their legitimacy, criticise them and suggest possible solutions to replace them with positive measures promoting the individual legal sphere rather than restricting it. It represents the accomplishment of years of research, conducted also abroad, and the ideal continuation and global development of the comparative and international analysis carried out in my previous book «The Measures of Prevention of International Terrorism and Criminal Trafficking» (Padova University Press, 2012).
Measures of crime prevention, also restrictive of individual liberties and inconsistent with prop... more Measures of crime prevention, also restrictive of individual liberties and inconsistent with proper human rights safeguards, are developing in the different crime prevention models, supranational and national, European and extra-European. Here we offer a deep, wide analysis (both critical and systematic), aimed at detecting rules, shared by the several legal orders, useful to protect a minimum, non-derogable set of fundamental rights, in a global legal perspective.
unipress.cab.unipd.it
65 ) Cioè l'arresto e la reclusione inferiore a un mese, poiché la reclusione sopra i cinque anni... more 65 ) Cioè l'arresto e la reclusione inferiore a un mese, poiché la reclusione sopra i cinque anni importa degradazione ex art. 28 e quella inferiore ai cinque anni, ma superiore al mese è automaticamente convertita in reclusione militare a norma dell'art. 27. Quanto invece alle previsioni originarie di conversione delle pene pecuniarie della multa e dell'ammenda, di cui ai nn. 4) e 6) dell'art. 63, sono da considerarsi abrogate dagli artt. 102 e 103 della l. 24 novembre 1981, n. 689, che prevede un sistema generale di conversione delle pene pecuniarie, resa applicabile alle pene militari grazie alla pronuncia della Consulta n. 188 del 1996.
Handbook of Law and Sports Law dealing with the following topics: Constitutional Law, Global Spor... more Handbook of Law and Sports Law dealing with the following topics: Constitutional Law, Global Sports Law and Justice, National Sports Law and Justice, Private Law and Torts and Sports Private Law, Criminal Law and Sports Criminal Law
Corruption, Integrity and the Law: Global Regulatory Challenges, 2020
Our previous book Corruption in the Global Era (Pasculli and Ryder, 2019a) aimed at improving our... more Our previous book Corruption in the Global Era (Pasculli and Ryder, 2019a) aimed at improving our understanding of the global causes, means, forms of perpetration and effects of corruption through an interdisciplinary dialogue between academics and practitioners, taking advantage also of the partnership between the Financial Crime Research Network (FCRN) at the University of the West of England and the Global Integrity Research Network (GIRN) at the Centre for Financial and Corporate Integrity (CFCI) of Coventry University. This volume complements those studies by focusing on global and local regulatory responses to corruption. It is not a handbook or a commentary, but a research book aimed at advancing the still limited assessment of the effectiveness of anti-corruption laws (cf. Isenring, Chapter 14) and enriching the scarce British literature on corruption and financial crime (cf. Ryder, 2018a: p. 247). Many of the authors are practitioners and the approach is still interdisciplinary: different fields of the law (criminal law, tax law, European law, corporate law, competition law), as well as issues in ethics, criminology, restorative justice, governance and political philosophy are covered. The perspective is international and comparative. The book explores not only international regulations but also their implementation in different countries, such as the United Kingdom (UK), the United States (US), Italy, Switzerland, Luxembourg, and Nigeria.
This chapter brings together the findings of this book and formulates recommendations for future policies and research. One of its purposes is precisely to coordinate such findings with those of our previous research. Therefore, remands to our own works are not self- congratulatory, but necessary to avoid reiterating arguments and references already expressed elsewhere. In the first section, we will outline the sources of the current global anti-corruption framework and their limits. In the second section, we will illustrate the shortcomings of negative anti-corruption measures, while in the third we will analyse positive measures. In the fourth section, we will articulate some recommendations. Finally, we will draw our conclusions.
Corruption in the Global Era: Causes, Sources and Forms of Manifestation, 2019
Corruption is undoubtedly a global crime. The developments of globalisation are increasingly glob... more Corruption is undoubtedly a global crime. The developments of globalisation are increasingly globalising the causes, the means, the forms of perpetration and the effects of corruption. In such a context, gaining an increasingly comprehensive and in-depth knowledge of corruption as a globalising phenomenon is essential. Besides, a solid knowledge of the forms of manifestations of such a phenomenon, its sources and its causes is a necessary condition for the adoption of appropriate policies and regulation to contrast it. The literature on corruption is relatively young and evidence on the extent and the dynamics of corrupt schemes is difficult to gather due to the usual secrecy of such practices. While public and academic interest in corruption is gradually increasing, also thanks to the work of non-governmental organisations (NGOs), such as Transparency International or Global Witness, more efforts are required to keep our knowledge up to date with the rapidly evolving features of corruption. Particularly, the observation of the global dimensions of corruption exposes some of its characters which are still understudied and suggests the approach to be taken in order to fill this gap. This book aims at filling, at least partially, such gap by contributing to a better understanding of corruption in the global context and at advancing the academic and public debate on corruption. This project originates from the collaborative research activities of the Financial Crime Research Network at the University of the West of England and the Integrity Research Group at Kingston University London, which allowed us to study some of the emerging and globalising features of corruption calling for more investigation. In the following paragraphs, we will illustrate some of these features and the research methods required to analyse them, which the authors of the various essays included in this book have endeavoured to adopt. In doing so, we will also anticipate some of the contents of the following chapters and highlight the important relations between them.
Corruption in the Global Era: Causes, Sources and Forms of Manifestation , 2019
Whether Brexit will happen or not, the events surrounding the referendum have already produced na... more Whether Brexit will happen or not, the events surrounding the referendum have already produced national and transnational effects on socio-political integrity and of anti-corruption laws and policies. An assessment of the legal and political developments that have already taken place or have been announced, however, reveals that Brexit is not bound to have a negative impact on integrity, but can become an opportunity to introduce and disseminate virtuous practices and consolidate the United Kingdom’s (UK) leading role in the fight against corruption. This chapter critically analyses such developments, as reported by the press, non-governmental organisations (NGOs) and national and international institutions, in the light of theoretical and empirical research findings of different disciplinary fields – mainly, law, criminology and economics. The first part of this chapter will consider the impact of Brexit on integrity in politics, business and finance and immigration. The second part will address the impact of Brexit on anti-corruption policies, with a specific focus on sanctions and criminogenic law-making. The last part will suggest policy recommendations. This chapter expands and integrates some of the research findings presented in the article 'Seeds of corruption in the post-Brexit UK' (Pasculli, 2019).
E. Stamboulis, G. Costantini, "Officina del macello. 1917 La decimazione della Brigata Catanzaro", 2014
The essay, co-authored with Silvio Riondato and Sergio Dini, is a unique historical and critical ... more The essay, co-authored with Silvio Riondato and Sergio Dini, is a unique historical and critical legal analysis of the practice of the decimation, that is, the shooting of 10 soldiers on 100 when the whole brigade was responsible for military criminal offenses or when the offenders, members of the brigade, could not be identified, during WWI in Italian Military Criminal Law.
The book "Officina del Macello. 1917: La Decimazione della Brigata Catanzaro", where the chapter is published, has been chosen for the BOOKCIAK AWARDS, a competition for filmmakers. Filmmakers are invited to interpret the book in a "bookciak movie", an innovative format to express emotional and visual aspects of the book. The winning videos will be projected at the "Giornate degli autori 2015" at the Movie Festival of Venice, next September: www.bookciak.it
Amongst the many fields of law affected by genetics and robotics there is also crime prevention. ... more Amongst the many fields of law affected by genetics and robotics there is also crime prevention.
Genetics may be used in crime prevention basically in two ways: 1) to establish whether a person is genetically predisposed to crime or antisocial behaviours (that is, to assess his dangerousness); 2) to collect and retain DNA samples of individuals in special databases or banks in order to compare them with those found on the scenes of crimes, so to detect the authors of crimes. As for robotics, its employment in crime prevention is far more variegated than that of genetics, but it often passes unnoticed to the eyes of the lawyer, as it is still relegated to the field of mere praxis, lacking specific legal regulations. Robots are currently used by many Countries for the most disparate preventive purposes, such as a) surveillance, b) formation, education and information, c) police guarding and patrolling, d) using force against things and against persons.
The analysis of these possible uses of genetics and robotics in crime prevention shows how they may be employed as means of either positive or negative prevention, whereas positive prevention consists in the promotion and development of the prerogatives and personality of human person, while negative prevention consists in the compression of human personality, with its inherent rights and liberties.
Thus, genetics and robotics reflect once again the old question of the means of crime prevention. Against the insistent (almost obsessive) suggestions that the only way to «fight» a criminality that (especially in our global era) is getting more and more «exceptional» are negative measures, I insist in suggesting that positive measures are still the most efficient and legitimate way to prevent crime. The resources, technologies and products of globalisation – amongst which robotics and genetics – would be better invested in the development of instruments to support and enhance the personality of the human being, rather than in the multiplication of weapons and measures that compress, incapacitate, neutralise, eliminate this personality in an escalation of violence and (preventive) repression which ultimately is more criminogenic than preventive – especially on the global scale and over the long term.
However, since crime prevention is but a means of protection against the most harmful aggression to the most significant interests and goods of the human person, then the condition for its legitimacy is that crime prevention itself does not turn into result into an arbitrary violation of the human person itself. Therefore, the minimum threshold of legitimacy of any genetic and robotic measure of crime prevention shall be its compliance with the safeguard of fundamental individual rights and liberties typical the rule of law and protected by international human rights law.
![Research paper thumbnail of La normalizzazione della prevenzione eccezionale del crimine globale. Improvvisazione «con una mano legata» in quattro tempi e finale sull’emerso diritto della prevenzione criminale negativa [The Normalisation of Exceptional Global Crime Prevention]](https://attachments.academia-assets.com/37317754/thumbnails/1.jpg)
](S. BONINI, L. BUSATTA, I. MARCHI (Eds.), L'eccezione nel diritto (Exception in Law), 2015
The thesis of this study is that in the global era emergency and exceptional law are the ordinary... more The thesis of this study is that in the global era emergency and exceptional law are the ordinary model of governance, encouraged, on the one hand, by the unpredictable, unprecedented and often urgent problems posed by globalisation and often embodying in those crime forms which we call "global crimes" - which, incidentally, are often induced by blind national and international policies - and, on the other hand, by the inadequacy of the traditional legal-constitutional conformation of the public powers of the Nation-States and of the inter- and supra-national organisations, which are but an expression of State powers, to deal with such problems. The normalisation of emergency, also within global crime prevention, far from being reversible, could represent the outcome of an incoherent and extemporary entropic development of adaptation to the quick and unpredictable evolutions of the global era, unmistakable sign of the need of a radical rethinking of the structures of power and control not only of global crime, but, in the very end, of the human society itself. The present paper offers some critical reflections in order to assess the legitimacy of the emergency governance in global crime prevention, verify its foundations and suggest some possible constraints.
Criminal Law of the Republic of Turkey (ed. by Silvio Riondato and Rocco Alagna), 2012
The paper offers an overview of the general principles and basic features of the Turkish constitu... more The paper offers an overview of the general principles and basic features of the Turkish constitutional order aimed at understanding and, when possible, measuring the effectiveness of Turkish constitutional principles (and human rights safeguards) in criminal law and criminal justice matters. In such perspective, the Authors consider the relation between Constitution and ordinary law and the constitutional review, the issue of sovereignty, the role of the state, separation of powers and equality, the constitutional recognition of individual rights and freedoms and their basic means of protection, the constitutional means of protection of individual rights and freedoms (such as judicial review and individual application to the Constitutional Court), the constitutional principles of substantive criminal law (legality, personality of the criminal responsibility, materiality and principle of harm, the principles concerning penalties and measures restrictive of personal liberty), the constitutional principles of criminal procedure. Finally, the paper provides an analysis of the emergency rule in the Turkish constitution, which provides further spaces of legitimation for restrictions of individual rights and liberties.
G. FORNASARI, S. RIONDATO (eds.), Reati contro l’amministrazione della giustizia, 2014
Chapter on "The Criminal Offenses of Failure to Report a Crime committed by Public Officers" in a... more Chapter on "The Criminal Offenses of Failure to Report a Crime committed by Public Officers" in a handbook of Italian Criminal Law.
G. FORNASARI, S. RIONDATO (eds.), Reati contro l’amministrazione della giustizia, 2014
Chapter on "The Criminal Offenses of Failure to Report a Crime committed by Private Citizens" in ... more Chapter on "The Criminal Offenses of Failure to Report a Crime committed by Private Citizens" in a handbook of Italian Criminal Law. Contains also a section of comparative criminal law.
Chapter on "The Criminal Offense of Failure to Report a Crime Committed by Medical Doctors" in a ... more Chapter on "The Criminal Offense of Failure to Report a Crime Committed by Medical Doctors" in a handbook of Italian Criminal Law. Contains also a section of comparative criminal law.
G. FORNASARI, S. RIONDATO (eds.), Reati contro l’amministrazione della giustizia, 2014
Chapter on "The Criminal Offense of Refusal of Legally Due Services" in a handbook of Italian Cri... more Chapter on "The Criminal Offense of Refusal of Legally Due Services" in a handbook of Italian Criminal Law. Contains also a section of comparative criminal law.
G. FORTI, P. PATRONO, G. ZUCCALA'(eds.), Codice penale e leggi collegate. Commentario giurisprudenziale sistematico, 2014
Commentary to some articles of the Italian Criminal Code
G. FORTI, P. PATRONO, G. ZUCCALA'(eds.), Codice penale e leggi collegate. Commentario giurisprudenziale sistematico, 2014
Commentary to some articles of the Italian Criminal Code
Prevenire la violenza giovanile (ed. by Esoh Elamé), 2012
Bullying is a complex phenomenon, rich of implications. Multiple and complex are its causes as mu... more Bullying is a complex phenomenon, rich of implications. Multiple and complex are its causes as multiple can be its consequences. Several persons are involved in such phenomenon (the bully, the victim, the so-called "non-involved spectators", the parents, the teachers etc.) as several are the types and manifestations of bullying (physical, verbal, direct, indirect, social exclusion etc.).
The increasing episodes of bullying, the social alarm which they create and the media attention led the italian Parliament to present specific law proposals aimed to fight the phenomenon.
By now, though, as a whole phenomenon, bullying is not yet regulated by any "ad hoc" legislation. That does not mean that law does not care about bullying and does not offer any kind of response. Indeed, the many forms of bullying find a satisfactory regulation in the rich and articulated set of measures provided for by the Italian juvenile justice system. Such system could be probably perfected, but it contains all the necessary responses to the need for protection raised by bullying - which, besides, are often the same of juvenile deviance in general.
This paper analyses the several measures of prevention and repression of bullying adopted in Italy, also in a comparative perspective (especially with French and British law)
in S. RIONDATO (ed.), Diritto penale della famiglia (vol. IV of the Trattato del Diritto di Famiglia, directed by Paolo Zatti, rev. ed.), 2011
Chapter on "Adoption Crimes" in the Treaty of Family Law directed by Paolo Zatti.
Diritto e procedura penale minorile (ed. E. Palermo and A. Presutti), part of Trattato di diritto di famiglia (dir. by P. Zatti), 2011
Sezione II. -LE PIÙ RECENTI EVOLUZIONI IN TEMA DI PRE-VENZIONE ANTE E POST DELICTUM DELLA DE-VIAN... more Sezione II. -LE PIÙ RECENTI EVOLUZIONI IN TEMA DI PRE-VENZIONE ANTE E POST DELICTUM DELLA DE-VIANZA MINORILE. CENNI DI DIRITTO COMPA-RATO ED EUROPEO. di Lorenzo Pasculli 8. Diritto comparato. Le esperienze della Francia e del Regno Unito. 8.a. Le sanctions éducatives del codice penale francese.
in Le responsabilità in medicina (ed. by S. Riondato and A. Belvedere), part of Trattato di biodiritto (dir. by S. Rodotà and P. Zatti), 2011
The alarm raised by some crimes and the dramatic harms they can cause brought some legislators to... more The alarm raised by some crimes and the dramatic harms they can cause brought some legislators to conceive medical treatment as a possible way to prevent re-offending. In Italy the so-called security measures are characterized by clinical and therapeutic contents. The laws of some of the United States of America authorize the castration of sex offenders in order to reduce recidivism. But are such measures consistent with the general principles and safeguards of criminal law? Do they respect individual rights and liberties protected by national Constitutions? Are they meant to help the offender or are they a new form of corporal punishment?
This paper considers such issues in a problematic perspective, not necessarily to offer definitive answers, but especially to stimulate a careful meditation on what could be the future content of criminal sanctions.
SOMMARIO: 1. Diritto penale fra scienza e tecnica: l'importanza di una ricognizione dei beni in g... more SOMMARIO: 1. Diritto penale fra scienza e tecnica: l'importanza di una ricognizione dei beni in gioco. -2. Test genetici e colpevolezza: l'importanza di una ricognizione delle regole cautelari di condotta specifiche. -2.1. Le linee guida per test genetici dell'Istituto Superiore di Sanità. -2.2. Gli orientamenti bioetici per i test genetici del Comitato Nazionale per la Bioetica; le 25 raccomandazioni della Commissione Europea concernenti le implicazioni etiche, giuridiche e sociali dei test genetici; le leges artis dell'attività medico chirurgica. -3. Profili di rischio e ipotesi di responsabilità penalmente rilevanti nell'ambito dell'esercizio di attività di analisi genetica. -3.1. (Segue) rischi di reato connessi all'impiego di test genetici nei sistemi sanitari e quali strumenti di ricerca. -3.2. (Segue) rischi di reato connessi all'impiego di test genetici quali strumenti investigativi e professionali. -3.3. (Segue) rischi di reato connessi all'impiego di test genetici come servizio nei confronti dei privati.