Resumen de Prima del reato e dopo il reato: il tentativo e la recidiva. Riflessioni sparse nel confronto tra ordinamento italiano e tedesco
Dante Valitutti, Pasquale Mastrolia
Criminal law has always lived in the intersection between the protection of individuals and the defense of the general order. In this sense the individual rules are projected in the various legal systems. This paper aims to analyze the legal systems of Italy and Germany through recidivism and the study of the attempted crime as developed in the Italian penal code (art. 56) and in the German StGB (§ 22). Furthermore, we'll try to illustrate the (different) role of the 'legal goods' and of the principle of guilt joined to the two cases in point (attempted crime and recidivism). Indeed, even if the two legal institutes share the fundamentals of the normativism by the Kelsenian model, the heterogeneous juridical culture of the two States has led - both for the attempted crime, both for the recidivism - to divergent solutions.
