Problematiche connesse all’applicazione dell’istituto della non punibilità per particolare tenuità del fatto

Abstract

[Problems about the application of the institute of non-punishability of a petty offence] The non-punishability of a petty offence is a most versatile legal institute since it ensures, as a cause of dismissal, the deflation of the load of pending cases and, as a result of the lawsuit, it excludes the punishability of criminal conducts that meet with little social reprobation in line with the principle of  the extrema ratio of criminal sanction. The present paper delivers a review of the most recent verdicts of ordinary and constitutional courts on the issue. It also offers food for thought on the main problems that emerged as a result of the first applications of art. 131 bis penal code.