Il sopralluogo di polizia giudiziaria. Tra latitanze legislative e prassi operative devianti

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Abstract

We have been brought up, by the legal system, to accept Shakespearian aphorism “What’s in a name? that which we call a rose by any other name would smell as sweet”. It is a principle that, applied to the less poetic world of law, exalts the essence of an act, of his content and reduces the importance of nomen iuris. However, sometimes a bold use of a “word” hides traps that could have repercussions on individual right of defense. I’m referring to the inspection of investigative police, where legislative inaction and deviant operative practices live together and which it is possible to remedy, paradoxically, only with the help of a nominalistic order. This one, impracticable on the legislative plan because of the atypical and numerous activities of investigative police, becomes necessary on the operative plan, in order to prevent a bold, unredeemable and intolerable deprivation of fundamental human rights.
Lingua originaleItalian
pagine (da-a)92-99
Numero di pagine8
RivistaPROCESSO PENALE E GIUSTIZIA
Volume1
Stato di pubblicazionePublished - 2013

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title = "Il sopralluogo di polizia giudiziaria. Tra latitanze legislative e prassi operative devianti",
abstract = "We have been brought up, by the legal system, to accept Shakespearian aphorism “What’s in a name? that which we call a rose by any other name would smell as sweet”. It is a principle that, applied to the less poetic world of law, exalts the essence of an act, of his content and reduces the importance of nomen iuris. However, sometimes a bold use of a “word” hides traps that could have repercussions on individual right of defense. I’m referring to the inspection of investigative police, where legislative inaction and deviant operative practices live together and which it is possible to remedy, paradoxically, only with the help of a nominalistic order. This one, impracticable on the legislative plan because of the atypical and numerous activities of investigative police, becomes necessary on the operative plan, in order to prevent a bold, unredeemable and intolerable deprivation of fundamental human rights.",
author = "Emilia Lombardo",
year = "2013",
language = "Italian",
volume = "1",
pages = "92--99",
journal = "PROCESSO PENALE E GIUSTIZIA",
issn = "2039-4179",

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AB - We have been brought up, by the legal system, to accept Shakespearian aphorism “What’s in a name? that which we call a rose by any other name would smell as sweet”. It is a principle that, applied to the less poetic world of law, exalts the essence of an act, of his content and reduces the importance of nomen iuris. However, sometimes a bold use of a “word” hides traps that could have repercussions on individual right of defense. I’m referring to the inspection of investigative police, where legislative inaction and deviant operative practices live together and which it is possible to remedy, paradoxically, only with the help of a nominalistic order. This one, impracticable on the legislative plan because of the atypical and numerous activities of investigative police, becomes necessary on the operative plan, in order to prevent a bold, unredeemable and intolerable deprivation of fundamental human rights.

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