In the world of criminal law, one of the most debated and complex issues concerns the nature of criminal responsibility: are you held accountable before the judge for the actions taken or for your essence? This dilemma is not just philosophical, but has concrete implications in the Italian judicial system.
In Italy, criminal responsibility is closely tied to the actions performed by the individual. According to the cornerstone principle of the personality of punishment, established by Article 27 of the Constitution, no one can be punished for an act they did not commit. Therefore, criminal responsibility is primarily based on concrete actions and not on personal characteristics, except in cases where these influence the ability to understand and will at the time of the act.
The judge's task is to evaluate the evidence and determine whether the defendant committed the unlawful act with intent or negligence. It is essential to distinguish between who you are and what you did: the judge focuses on the action and the circumstances that accompanied it. This does not mean that personal characteristics are completely irrelevant; in some cases, such as in discrimination offenses, the identity of the perpetrator may be relevant in determining the motive.
"Before the judge, it is the action that speaks, not the essence of the individual."
If you need clarification on how criminal responsibility may affect Your situation, do not hesitate to contact the Bianucci Law Firm. Our team of experts is at Your disposal to provide you with the necessary advice and guide you through the complexities of criminal law.