Il suicidio assistito di nuovo al vaglio della giurisprudenza costituzionale: tra spinte in avanti e battute di arresto

Abstract

Changes made by the Law no. 3/2019 to the crime of trading in influence have increased the problem of uncertainty of this penal norm (art. 346bis c.p.), outlining a model of incrimination unable to distinguish criminal liability for trading in influence from lawful activities of lobbying. The paper analyzes the interpretative issue of the meaning to be assigned to the requirement of “illicit mediation”, examining the different thesis of penal doctrine and Jurisprudence. At the end, the Author concludes that the restrictive interpretation of the article 346bis of penal code, which describes trading in influence as a prodromal offence toward corruption crimes, is preferable, because it can be justified by the principle of proportionality used as hermeneutic criterion