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ISSN 2611-8858

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Specific intent

The Criminal Offence Ex Latere Subiecti: the “Scope of Terrorism” Testing the Criminal Law Offense

If it’s true that “the human being is the focus of criminal law”, it’s equally undeniable that this formula, in a criminal law oriented towards the facts and the actual and offensive damage, may not be used to legitimize incrimination “a parte subiecti”. For this reason, with respect to a “context of incrimination” (dangerously) leaning towards the subjective side, it seems necessary to find some “remedial actions” which will allow for bringing this form of incrimination back to a dimension of objective disvalue. For crimes “with a terroristic scope”, the importance given to the only Intentionsunwert followed by the association of Article 270-bis of the Italian Penal Code, questions once again the systematic role played by so-called “specific intention”. Through the interpretation of the latter, indeed, it seems possible to fill the deficit of “objectivity” which, otherwise, would characterise the crime provided by Article 270-bis of the Italian Penal Code.