Sui limiti della minaccia punibile. Riflessioni a margine del caso Corona

Abstract

[On the limits on the punishable threat. Reflections on the Corona case] Threat as a constitutive element of the crime of extortion has been subject to a substantial expansion by law in action. It may even consist in the exercise of a right. The mode of expression used for this kind of pressure  is irrelevant. Inspired by the decision of the Supreme Court in the Corona case, the paper delivers a critical analysis of this expansive orientation and highlights, for this purpose, the constraints set by overarching guarantistic principles as well as those of political-criminal rationality (proportion and extrema ratio).

https://doi.org/10.14276/2384-8901/426
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