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Tesi di dottorato in giurisprudenza >
Please use this identifier to cite or link to this item:
http://hdl.handle.net/2108/941
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Full metadata record
| DC Field | Value | Language |
|---|
| contributor.advisor | Rampioni, Roberto | - |
| contributor.author | Piva, Daniele | - |
| date.accessioned | 2009-07-29T11:11:40Z | - |
| date.available | 2009-07-29T11:11:40Z | - |
| date.issued | 2009-07-29T11:11:40Z | - |
| identifier.uri | http://hdl.handle.net/2108/941 | - |
| description | 19. ciclo | en |
| description.abstract | After an introduction that is focused on the general feature of the issue, and it’s relevance on
the practical point of view, the first part of this work examines the different legislative techniques
used for the individuation of the author of the crime in companies organized according to structural
criteria of management such as: the division of duties and competences. The main techniques may
be described as “ substantial”, when they refer to concepts like “direction” and “administration”, or
“formal” when they consist in impersonal formulas or in the detention of a certain authorizing
power. The examination of different laws is made with the aim of recognize its own meaning to any
single rule, starting with definition of who could be liable for these crimes. The research is pursued
with particular attention towards those general clauses that, in shame to the principle of “personal
liability”, try to set the liability at the highest level of those companies. The main goal is to make a
systematic reconstruction of the meaning of those rules, according to other rules operating in the
same context, the peculiarity of the subject and especially their coherence with general principles
like the so called “duty of guarantee” and the delegation of duties, That is also made to stop
dangerous jurisprudential trends that raise “vertically” the liability in those companies and tend to
modify the usual regime of evidences, especially for what concern the discipline of the delegation of
duties.
The second part of the work, according with the general statements made in the first part,
analyzes deeply the criminal liability among journalistic companies. In this kind of companies the
editor is usually liable, according to the art. 3 L. 47/1948. In spite of this general clause, there are
many single crimes where other subjects are liable, for example the owner of the company and the
publisher. The study wants to link the general rules of the code of law and the specific legislation, in
order to recognize who should be liable for those crimes and making a distinction between the so
called “Press crimes” and the crimes made by publication. The aim is to exclude that the editor may
be holder of “duty of guarantee” for all those crimes linked with journalism, in order to delimitate
his liability according to the general principle of personality of the punishment, which radically
excludes any kind of “positional liability”.
In the conclusions the results of the analyze are summarized and is underlined how the
meaning of these rules, especially for the recognition of the author, should be red literally and
together with the general principles of the chosen charging system, because a good interpretation
should never go beyond the literal meaning of the law, and the observance of constitutional
guarantees become fundamental in a subject where criminal punishments are inflicted. | en |
| format.extent | 1039931 bytes | - |
| format.mimetype | application/pdf | - |
| language.iso | it | en |
| subject | responsabile | en |
| subject | organizzazione | en |
| subject | verticalizzazione delle responsabilità | en |
| subject | clausole normative di responsabilità | en |
| subject | posizione di garanzia | en |
| subject | delega di funzioni | en |
| subject | reati di stampa | en |
| subject | reati commessi a mezzo stampa | en |
| subject | direttore di stampa | en |
| subject.classification | IUS/17 Diritto penale | en |
| title | Tecniche di individuazione del soggetto attivo del reato: contributo all’analisi della responsabilità penale nelle organizzazioni complesse, con particolare riferimento all’impresa giornalistica | en |
| type | Doctoral thesis | en |
| degree.name | Diritto pubblico | en |
| degree.level | Dottorato | en |
| degree.discipline | Facoltà di giurisprudenza | en |
| degree.grantor | Università degli studi di Roma Tor Vergata | en |
| date.dateofdefense | A.A. 2006/2007 | en |
| Appears in Collections: | Tesi di dottorato in giurisprudenza
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Files in This Item:
| File |
Description |
Size | Format |
|---|
| tesi di dottorato.pdf | | 1015Kb | Adobe PDF | View/Open |
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