Culturally Motivated Crimes

Which value can (or must) the Italian legal system give to the influence that the original culture of the defendant has on the origin and the specific ways to commit a crime? Through the analysis of the most recent sentences of the Italian Supreme Court on culturally motivated crimes, this article aims to analyze the answers of the Court, considering the risks of “judicial populism” and the need to look for balanced solutions which have been elaborated through a sort of “cultural test”, while the issues of the burden of proof stay in the background.