Circostanze del reato e tutela del minore

The circumstances of an offense have been traditionally considered as incidental or ancillary elements that could only have a role in the determination of punishment. However, they have recently drawn the attention of the legal literature, the case-law and the legislator itself, thereby offering new food for thought. This paper focuses on the implications of a frequent use of the circumstances of an offense, especially with reference to the critical area of child protection. In fact, here the circumstances of the offense have gone through a process of proliferation that might seem valuable as an expression of a criminal law that takes care of grasping the peculiarities of these victims so as to provide for a broader protection. However, because of the challenges posed by this system, this trend should be critically discussed and potential alternative solutions should be considered.