Profili penali e problemi politico-criminali dell'intervento multilivello sugli stupefacenti

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Abstract

[automatically translated] the paper examines some of the underlying problems in connection with criminal law on drugs, taking it as an exemplary field to indicate the complexity of modern criminal law. In particular, we both noted the difficulty of reconstructing the prevention of that social phenomenon as mandated in homogeneous instruments, since the crisis of last resort role of criminal law in such a comprehensive set of interventions. The main Italian events on the fundamental options in this regard are therefore placed in the international scenario, which affects the legal systems-state to a differentiated strategy compared to the two sides of illicit trafficking and consumption (therapy penalty / offer). The questions posed by this multi-level articulation of answers on the subject are therefore considered within the European Union itself, which considers drug trafficking one of the privileged sectors for their efforts to harmonize criminal legislation. In the light of the EU Framework Decision 2004/757 / JHA, will therefore compare the Italian criminal laws with that of a penal system while not as far away as Spain, indicating the continuing distances but also the path of mutual rapprochement.
Original languageItalian
Pages (from-to)85-110
Number of pages26
JournalRIVISTA TRIMESTRALE DI DIRITTO PENALE DELL'ECONOMIA
VolumeXXVII
Publication statusPublished - 2014

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