The widening of areas of criminal law and criminal procedural law, as well as adeministrative law, where parties are admitted to negotiate on the decisions at issue, e.g. through various forms of cooperative compliance can be appreciated, whenever it involves a reduction of the scope of criminal law, according to the "ultima ratio principle" of punishment, especially when it is invoked on the basis of sheer precautionary principle. It requires however great caution in order to prevent that in such bargaining the weaker parties, including most vulnerable victims, suffer disadvantages.. Law should protect these parties.
Forti, G., Introduzione, in C. Beria D'Argentin, C. B. D. (ed.), Criminalità d'impresa e giustizia negoziata: esperienze a confronto, Giuffrè Editore, Milano 2018: 17- 20 [http://hdl.handle.net/10807/112105]
Introduzione
Forti, GabrioPrimo
2018
Abstract
The widening of areas of criminal law and criminal procedural law, as well as adeministrative law, where parties are admitted to negotiate on the decisions at issue, e.g. through various forms of cooperative compliance can be appreciated, whenever it involves a reduction of the scope of criminal law, according to the "ultima ratio principle" of punishment, especially when it is invoked on the basis of sheer precautionary principle. It requires however great caution in order to prevent that in such bargaining the weaker parties, including most vulnerable victims, suffer disadvantages.. Law should protect these parties.
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