Basic Concepts of Criminal Law and Setting up Incriminating Norms

Abstract

Starting from the assumption that as compared to the old theory of guilt, called “psychological”, the new theory, called “normative”, has a broader rational value, this paper tries to integrate the basic concepts of the criminal law (crime, criminal, guilt) into such a theory and, at the same time, to highlight some rules that should be taken into account when setting up the incriminating norms.