DI MASSIMO DONINI

Abstract – The paper deals with the analysis of the criminal guarantees in current penal system through a preliminary historical reconstruction of the epistemologies guaranteed by politics and science. The limits to criminal law are what make it a legitimate law and it is not a state violence translated into leges and current criminal science defines itself, on an epistemic level, as a guarantor, since the law needs substantial legitimacy, which a majority will is not enough to insure. Nowadays, compared to the past, criminal guarantees must face a marked weakness of the legislative power and its extreme differentiation in multilevel sources. Therefore, it presents two specific profiles that are related to the recipients of the reduction of the criminal characteristics of a right that sanctions without restoring the rights and the constructive role assumed by the interpreter. An always guaranteed criminal law could coexist with a more liberal society, but with an authoritarian and intolerant tool by nature. Criminal law is certainly a policy, but it is not just politics. Criminal science is, however, only a small part of this policy.

Keywords – Criminal guarantees, criminal law, liberal society, Constitution, public blame.

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