Università Roma Tre

General Part of Criminal Law – Fundamental Notions
The general part of criminal law is the branch of legal dogmatics that deals with the institutions and principles common to all criminal offences, regardless of the specific incriminating provision.
The main areas of study are:
Sources and limits of validity of criminal law
Principle of legality (Art. 25 Italian Constitution, Art. 1 Italian Criminal Code).
Reservation of law and prohibition of analogy in malam partem.
Non-retroactivity of more severe criminal law and retroactivity of more favourable provisions (Art. 2 Criminal Code).
Territoriality and criteria of application in space and time.
Structure of the criminal offence
Tripartite analysis: typical act, unlawfulness, culpability.
Objective elements (conduct, result, causal link).
Subjective elements (intent, negligence, recklessness).
Grounds for justification (self-defence, necessity, exercise of a right, consent of the entitled person).
Culpability and imputability.
Forms of manifestation of criminally relevant conduct
Attempt (Art. 56 Criminal Code).
Completed offence.
Participation in crime (Arts. 110 ff. Criminal Code).
Habitual, permanent, and occasionally habitual offences.
System of sanctions
Punishments: principal and accessory penalties, retributive and preventive functions.
Security measures (social dangerousness, preventive function).
Substitute and alternative sanctions (community service, probation, pecuniary penalties).
Administrative and civil measures connected with the offence.

a) Antonio FIORELLA. Le strutture del diritto penale. Questioni fondamentali di parte generale
Torino last edition


b) Enrico MEZZETTI. Diritto Penale. Dottrina, Casi e Materiali. last edition



Italian criminal code, latest edition