LA “CULTURAL DEFENSE”: DALLE ORIGINI FINO AI “NUOVI ORIZZONTI” RESI POSSIBILI DALLA RIFORMA CARTABIA

[Machine translation] Culturally oriented crimes, the subject of constant doctrinal reflection in recent decades, are infrequent in judicial practice. This does not mean, however, in the first place, that interest - even of public opinion - is scarce, given the numerous and, at times, mixed reactions to some news stories, even recent ones. It does not even mean that jurisprudence, over the years, has not experimented with various legal solutions to give importance to cultural orientation. These solutions, however, do not seem to be acceptable on the dogmatic side. With the recent Cartabia Reform (Legislative Decree 150 of 2022), also because of the introduction of restorative justice in the criminal field, new perspectives of high law have opened up that seem, as argued in the essay, to be able to attribute the right importance to the cultural belonging of the cultural offender.