Imputabilità e minore età: il sistema penale tra bisogno (ri)educativo del giovane adulto e dell’adulto giovane

The Rocco code lives on a double discipline of imputability, and this depending on whether it is excluded from mental illness or from immaturity of the acting subject. However, common to both is the empirical deficit or the proportion that, between presumptive aporias and 'unequal' criminal responsibility, have ended up producing, especially in juvenile crime, an irrational increase in the same. It goes without saying that, even with a view to reform, the evident compromise solutions to the crisis of infirmity or immaturity, as just reported, have also led, once the superfetation of the inability to understand the antisocial meaning of the fact with fraud, to the rationalization of the residual capacity to will through the use of a deethicized category: motivation by means of rules as the object and no longer the prerequisite of a judgment of common and proportionate criminal responsibility for both the imputable and the non-imputable subject. And here, then, in enhancing a need for treatment at the basis of a single integrated sanctioning track in which punishment and security measures no longer represent something different, but something functionally other for common needs of (re) educational integration prevention social sanction of the (non) juvenile penal sanction (2,3,13,25,27 and 31 co. 2 cost.), the well-known figure of the young adult could find its systematic reasons for living mirror-image in that of the so-called 'young adult' when, between residual (re) educational quotas of criminal responsibility and reasonable abandonment of presumptive schemes still in force, questionable excesses of clemency would finally be balanced by a right to equality capable of avoiding a criminal risk calculated downwards and, therefore , criminogenic.