Abstract
[The suitas . State of the art and prospects of a contentious institute] The Italian Criminal Code considers as punishable only conscious and voluntary actions. In spite of its reasonableness, this rule cannot be always easily applied. For instance, arise problems concerning omissive and negligent behaviour as well it is unclear what we can consider as conscious and voluntary. The paper deals with these problems both with a theoretical and a case-law approach, also by comparing the most important legal systems. The core of the problem is: do we need a positive rule, like Italian Criminal Code's Article 42, Section 1?
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