LE PERDURANTI INCERTEZZE NELLA DECLINAZIONE GIURISPRUDENZIALE DEL CONCORSO MORALE NEL REATO

The paradigm of condicio sine qua non in the context of complicity is often difficult to apply, especially in cases of moral participation. In these cases, it is necessary to establish a causal link between two human behaviours: the inciting action orchestrated by the moral accomplice and the choice of the perpetrator to commit the crime itself. This assessment requires the judge to explore the universe of “interpersonal relations” and can often result in a true probatio diabolica. This paper analyses the controversial modus procedendi followed by a large part of the case law, which tends to easily find liability for moral participation in crimes, thereby adopting solutions that are often based on presumptive arguments and rhetorical devices, hence in conflict with fundamental principles