L'imprenditore estorto "acquiescente" tra coazione morale e libertà del volere

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Abstract

Abstract The wide range of “behaviour models” that sociological studies identify as representative of the mafia conduct strongly characterises the types of crimes which are typical of mafia-type organizations, such as extortion. Indeed, in this field the conduct of authors and victims can assume so many aspects to make it difficult to provide a proper qualification within the traditional categories of criminal law.This paper, based on the findings of a study on the crime of extortion carried out by Mafia-type organisations in the South of Italy, is aimed at exploring the similarities and differences between a legal and a sociological approach on victims of extortion when the crime is perpetrated in a mafia context. In particular, moving from the position of “acquiescent entrepreneur”, the paper reconstructs the relationship between the so called “acquiescent” conducts of entrepreneurs on one hand and the method used by mafia organisations in the execution of the extortion on the other hand; it then evaluates the possible criminalisation of the “reasons” lying behind the behavior of the victims (or so considered); and finally, it explores the possibility to attribute, on the basis of those motives, a different qualification to the victim’s conduct so that she/he could become “passive subject” of the extortion and being eventually punished.
Lingua originaleItalian
pagine (da-a)1803-1834
Numero di pagine32
RivistaRIVISTA ITALIANA DI DIRITTO E PROCEDURA PENALE
Volume6
Stato di pubblicazionePublished - 2016

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title = "L'imprenditore estorto {"}acquiescente{"} tra coazione morale e libert{\`a} del volere",
abstract = "Abstract The wide range of “behaviour models” that sociological studies identify as representative of the mafia conduct strongly characterises the types of crimes which are typical of mafia-type organizations, such as extortion. Indeed, in this field the conduct of authors and victims can assume so many aspects to make it difficult to provide a proper qualification within the traditional categories of criminal law.This paper, based on the findings of a study on the crime of extortion carried out by Mafia-type organisations in the South of Italy, is aimed at exploring the similarities and differences between a legal and a sociological approach on victims of extortion when the crime is perpetrated in a mafia context. In particular, moving from the position of “acquiescent entrepreneur”, the paper reconstructs the relationship between the so called “acquiescent” conducts of entrepreneurs on one hand and the method used by mafia organisations in the execution of the extortion on the other hand; it then evaluates the possible criminalisation of the “reasons” lying behind the behavior of the victims (or so considered); and finally, it explores the possibility to attribute, on the basis of those motives, a different qualification to the victim’s conduct so that she/he could become “passive subject” of the extortion and being eventually punished.",
author = "Licia Siracusa",
year = "2016",
language = "Italian",
volume = "6",
pages = "1803--1834",
journal = "RIVISTA ITALIANA DI DIRITTO E PROCEDURA PENALE",
issn = "0557-1391",

}

TY - JOUR

T1 - L'imprenditore estorto "acquiescente" tra coazione morale e libertà del volere

AU - Siracusa, Licia

PY - 2016

Y1 - 2016

N2 - Abstract The wide range of “behaviour models” that sociological studies identify as representative of the mafia conduct strongly characterises the types of crimes which are typical of mafia-type organizations, such as extortion. Indeed, in this field the conduct of authors and victims can assume so many aspects to make it difficult to provide a proper qualification within the traditional categories of criminal law.This paper, based on the findings of a study on the crime of extortion carried out by Mafia-type organisations in the South of Italy, is aimed at exploring the similarities and differences between a legal and a sociological approach on victims of extortion when the crime is perpetrated in a mafia context. In particular, moving from the position of “acquiescent entrepreneur”, the paper reconstructs the relationship between the so called “acquiescent” conducts of entrepreneurs on one hand and the method used by mafia organisations in the execution of the extortion on the other hand; it then evaluates the possible criminalisation of the “reasons” lying behind the behavior of the victims (or so considered); and finally, it explores the possibility to attribute, on the basis of those motives, a different qualification to the victim’s conduct so that she/he could become “passive subject” of the extortion and being eventually punished.

AB - Abstract The wide range of “behaviour models” that sociological studies identify as representative of the mafia conduct strongly characterises the types of crimes which are typical of mafia-type organizations, such as extortion. Indeed, in this field the conduct of authors and victims can assume so many aspects to make it difficult to provide a proper qualification within the traditional categories of criminal law.This paper, based on the findings of a study on the crime of extortion carried out by Mafia-type organisations in the South of Italy, is aimed at exploring the similarities and differences between a legal and a sociological approach on victims of extortion when the crime is perpetrated in a mafia context. In particular, moving from the position of “acquiescent entrepreneur”, the paper reconstructs the relationship between the so called “acquiescent” conducts of entrepreneurs on one hand and the method used by mafia organisations in the execution of the extortion on the other hand; it then evaluates the possible criminalisation of the “reasons” lying behind the behavior of the victims (or so considered); and finally, it explores the possibility to attribute, on the basis of those motives, a different qualification to the victim’s conduct so that she/he could become “passive subject” of the extortion and being eventually punished.

UR - http://hdl.handle.net/10447/207458

M3 - Article

VL - 6

SP - 1803

EP - 1834

JO - RIVISTA ITALIANA DI DIRITTO E PROCEDURA PENALE

JF - RIVISTA ITALIANA DI DIRITTO E PROCEDURA PENALE

SN - 0557-1391

ER -