LA PARTECIPAZIONE MORALE AL REATO. IL TORMENTATO RAPPORTO TRA MODELLO CAUSALE E INTERAZIONI PSICHICHE NEL DIRITTO PENALE

This thesis concerns the issue related to the assessment of a causal connection (which represents, according to the legal literature and to Italian jurisprudence, one of the most important requirements to establish the criminal relevance of the conduct of those who participate in the commission of a crime) between a conduct of participation in a crime and the offence actually realized. In particular, this problem is related to psychological assistances, that is to the cases in which a person assists in the commission of the crime by “counseling” “commanding” or “encouraging” the material executor in the commission of the criminal offense. In fact, in these cases the difficulties connected to the judicial assessment of causality depend on absence of scientific evidences about the existence of regular connections between these kinds of conducts and psychological events. The same problem exists with regard to different cases. Indeed, what we could translate as “psychic interaction” constitutes an important element of several kind of crimes (e.g. stalking). Therefore, it is necessary to verify if the ordinary parameters of causality assessment could be applied to the cases in which a human action involves a psychological effect.