L’elemento politico nell’interpretazione della legge penale secondo la dottrina del periodo fascista

The essay focuses on the particular value that the doctrine of the fascist period has attributed to the political content of the penal norms, sometimes remaining in the rails of the technical-juridical method, other times in open disagreement with it. During the regime, authoritarian tendencies were right to assert themselves to the point that the value of the technical system had become "means" for the political purpose. It is also pointed out that the legal culture of the fascist period was not completely approved to authoritarianism, although, apart from very rare exceptions, criticism open to fascism had not come and could not come from those who were committed to building an adequate legal system to the political course. In other respects, keeping the debate on the formalistic profile had served to remove criminal law from investigations and discussions unfavourable to the regime, grafting critical points that would have been difficult to resolve later on