Quando le garanzie cedono all'ideologia: il diritto penale inquinato dalla legislazione razziale fascista

Abstract

Furthermore, Fascism produces deep wounds in the development of criminal law. The introduction of the racial corpus becomes a Trojan horse capable of breaching all guarantees. Clear data emerges: the persecution of the Jews takes place primarily outside the parameters of criminal law, but the normatives in defense of the lineage will actually favor racial laws. Mirroring the formal permanence system of liberal guarantees is a stance taken by many criminal lawyers who, in some cases, seem to take a different position than those imposed by the regime, but only in legal journals circulating in the academic field and without any impactful influence on political decisions. There are at least three different situations that can be seen. The few supporters of the race and apologists for the Duce, such as Maggiore; the many who admit a concept of lineage but not of race since the latter is perceived as extraneous to the Italian tradition; and then a silent majority, who do not express dissent, and at most limit themselves to a tacit consent, perhaps for fear of being persecuted as opponents of the fascist regime.