Abstract
Italian Penal Code of 1930 to the institution of authoritarian and totalizing categories. To this end, it initially seeks to locate the importance of the Code in the fascist itinerary of power imposition. We analyze which functions of criminal law were flexibilized, ignored or attributed. Through the resignification of the expression “laesa maiestas”, we focus the relationship between the new figure of the State in the context of the Penal Code and the displacement of guardianship of recognition of subsequent legal assets, in particular approaching the punitivist turn, that puts the individual as a target and possible threat and no longer as a subject of legal guardianship. Finally, we analyze the tainted institutes of the actual Criminal Code, those in which where there are in a more visibly way reminiscences of this characteristc.
Keywords:
Criminal Law History; Technical-Legal School; Italian Criminal Law