The genocidal specific intent (dolus specialis) is among the most debated matters in internationa... more The genocidal specific intent (dolus specialis) is among the most debated matters in international criminal law. It is not only an important element of the crime itself, but also, where such a topic is brought up for discussion, various opinions concerning the reconstruction of a theory of culpability in international criminal law arise. This article aims at investigating how the genocidal specific intent can be interpreted in the light of three fundamental principles, that is, legality (nullum crimen sine lege), culpability (nullum crimen sine culpa) and harm principle (nullum crimen sine iniuria). Furthermore, the degree of dolus volitive element and its relationship to knowledge in the crime of genocide will be analysed.
This article conducts a comparative analysis of Italian and UK legislations concerning the infilt... more This article conducts a comparative analysis of Italian and UK legislations concerning the infiltration of organised crime into the economy. Considering (among other things) the concerns about allegedly weakened cooperation between judicial authorities of Italy and the UK in a post-Brexit era, the study evaluates the alignment of legal frameworks of the compared systems in combating the integration of organised crime and economic crime. The analysis is conducted on four levels: direct criminalisation of organised crime, the use of (also) antiterrorism legislation to tackle organised crime, measures against wealth accumulation through crime, and provisions for corporate liability. By comparing the legal systems of Italy and the UK, which represent civil and common law traditions respectively, this study aims to identify convergences and divergences in legal approaches. The findings could inform strategies for enhancing mutual trust and fostering more effective international cooperation in combating the infiltration of organised crime into legitimate businesses, particularly in the post-Brexit context.
The article investigates the nature of AIs under criminal law, i.e., whether they are legal perso... more The article investigates the nature of AIs under criminal law, i.e., whether they are legal persons or mere tools. The study applies a double methodology. Firstly, from a comparative perspective, it analyses the US and the Italian legal systems, as they represent the two main legal traditions in the Western World, namely, common law, and civil law. Secondly, it applies the interdisciplinary research method, by reference to non-legal disciplines. The article criticizes the doctrine maintaining that AIs may be considered as legal persons. Then, it aims to demonstrate the opposite thesis, according to which AIs are mere tools.
Antonino Gullo et al. (ed) I nuovi volti del sistema penale fra cooperazione pubblico privato e meccanismi di integrazione fra hard law e soft law (Giuffrè Francis Lefebvre), 2021
Il 21 aprile 2021, all'esito di un articolato processo normativo iniziato tre anni prima, la Comm... more Il 21 aprile 2021, all'esito di un articolato processo normativo iniziato tre anni prima, la Commissione europea ha reso pubblica una Proposta di Regolamento, indirizzata al Parlamento europeo e al Consiglio, «laying down harmonised rules on artificial intelligence (Artificial Intelligence Act) and amending certain Union legislative acts». La Proposta-attraverso «a proportionate and risk-based European regulatory approach»-mira a realizzare due "obiettivi gemelli": affrontare il problema della gestione dei rischi associati a specifiche applicazioni di IA, promuovendo, nondimeno, la diffusione di tale tecnologia. Il presente contributo offre una prima lettura del documento, evidenziando, in particolare, i principali profili di interesse per il diritto penale sostanziale e processuale. Al riguardo, vengono individuate tre aree tematiche: a) l'ambito di rilevanza della Proposta e la definizione di IA; b) talune pratiche oggetto di divieto; c) le questioni relative al c.d. danno da prodotto intelligente.
Digital health refers to the application of various technologies with the aim of supporting/offer... more Digital health refers to the application of various technologies with the aim of supporting/offering healthcare services. Among such technologies, AI poses new regulatory challenges. This article aims at clarifying, in the light of the EU legislation, whether such technologies shall be considered medical devices, and which law applies to the various phases of their lifecycle. In this regard, the provisions of the relevant pieces of EU legislation (the Medical Device Regulation, the legislation on clinical trials of medicines, and the recent Commission9s proposal for an AI Act) will be coordinated, to identify the rules applicable to AI-based MDs overall and the requirements that the economic actors involved in their lifecycle shall comply with.
On October 24, 2018 the Italian Constitutional Court held that the absolute ban on assisted suici... more On October 24, 2018 the Italian Constitutional Court held that the absolute ban on assisted suicide provided for by Art. 580 of the Italian criminal code is unconstitutional under certain conditions. On the one hand, this Article «serves the purpose of protecting interests that are worthy of protection by the legal system» (p. 6), such as life and the protection of weak and vulnerable people. On the other hand, in specific situations like the one in the DJ Fabo's case, the assistance to die «may seem to the sick person to be the only way out of being kept alive by artificial methods that are no longer desired, and which he or she has the right to refuse» (p. 8). In particular the Court has set four conditions under which the absolute prohibition of suicide assistance can turn to be unconstitutional, and namely in those cases in which «assisted persons are (a) affected by an illness that is incurable and (b) causes physical or psychological suffering, which they find absolutely i...
Recent developments in the technological domain have increased the interactions between artificia... more Recent developments in the technological domain have increased the interactions between artificial and natural spheres, leading to a growing interest in the ethical, legal and philosophical implications of AI research. The present paper aims at creating an interdisciplinary discussion on issues raised by the use and the implementation of artificial intelligence algorithms, robotics, and applied solutions in the neuroscience and biotechnology field. Building on the findings of the webinar “Workshop neuroni artificial e biologici: etica e diritto”, this work explores the issues discussed in the workshop, it attempts to show both the existing challenges and opportunities and it seeks to propose ways forward to overcome some of the investigated problems.
The definition of genocide established in the 1948 UN Convention has been totally adopted by the ... more The definition of genocide established in the 1948 UN Convention has been totally adopted by the international lawmakers when formulating the corresponding provisions of the Ad Hoc Tribunals’ Statutes, and, more recently, also article 6 of the Rome Statute of the International Criminal Court. In my oral presentation, I will try to address the topic of the genocidal specific intent. The theme of the genocidal dolus specialis is certainly among the most debated, not only because it is relevant to the crime itself, but also because it can well represent the occasion for the emergence of the various opinions concerning, upstream, the reconstruction of a theory of guilt in international criminal law (and, more specifically, in the ICC Statute’s system). Moreover, pursuant to a rigorous approach, I will try to rebut the thesis according to which the genocidal mental element can also be fulfilled by two psychological standards which are, in my opinion, wrong: i.e. the recklessness and the ...
United Nations Interregional Crime and Justice Research Institute (UNICRI), "Special Collection on Artificial Intelligence", 2020
The advances in the field of artificial intelligence (AI) are changing the nature of medical care... more The advances in the field of artificial intelligence (AI) are changing the nature of medical care. They involve both the sectors of diagnostics and therapeutics. Medical literature has widely analysed the advantages and the risks of AI. Researchers have found that early diagnoses are essential in order to avert the decline of patients’ health status. This can be achieved through improving the analysis procedures on healthcare data by means of AI techniques. However, in order to guarantee the security of AI medical devices, their clinical evaluation is crucial. This article aims at conceptualising and solving the questions related to the application of AI in healthcare from the point of view of criminal law. The traditional criminal law categories will be investigated, so as to understand whether it is possible to consider deaths and injuries occurring in the context of medical care as criminal offences to prevent and prosecute, when AI techniques are used. The study will be carried out in a comparative perspective. In conclusion, this will allow to propose a new AI-risk assessment paradigm, based on the integration of criminal law, civil law, and administrative law measures, so as to guarantee an equilibrium between the fundamental rights of the accused (a fair trial) and of the victims (a compensation for damages they have suffered).
The genocidal specific intent (dolus specialis) is among the most debated matters in internationa... more The genocidal specific intent (dolus specialis) is among the most debated matters in international criminal law. It is not only an important element of the crime itself, but also, where such a topic is brought up for discussion, various opinions concerning the reconstruction of a theory of culpability in international criminal law arise. This article aims at investigating how the genocidal specific intent can be interpreted in the light of three fundamental principles, that is, legality (nullum crimen sine lege), culpability (nullum crimen sine culpa) and harm principle (nullum crimen sine iniuria). Furthermore, the degree of dolus volitive element and its relationship to knowledge in the crime of genocide will be analysed.
This article conducts a comparative analysis of Italian and UK legislations concerning the infilt... more This article conducts a comparative analysis of Italian and UK legislations concerning the infiltration of organised crime into the economy. Considering (among other things) the concerns about allegedly weakened cooperation between judicial authorities of Italy and the UK in a post-Brexit era, the study evaluates the alignment of legal frameworks of the compared systems in combating the integration of organised crime and economic crime. The analysis is conducted on four levels: direct criminalisation of organised crime, the use of (also) antiterrorism legislation to tackle organised crime, measures against wealth accumulation through crime, and provisions for corporate liability. By comparing the legal systems of Italy and the UK, which represent civil and common law traditions respectively, this study aims to identify convergences and divergences in legal approaches. The findings could inform strategies for enhancing mutual trust and fostering more effective international cooperation in combating the infiltration of organised crime into legitimate businesses, particularly in the post-Brexit context.
The article investigates the nature of AIs under criminal law, i.e., whether they are legal perso... more The article investigates the nature of AIs under criminal law, i.e., whether they are legal persons or mere tools. The study applies a double methodology. Firstly, from a comparative perspective, it analyses the US and the Italian legal systems, as they represent the two main legal traditions in the Western World, namely, common law, and civil law. Secondly, it applies the interdisciplinary research method, by reference to non-legal disciplines. The article criticizes the doctrine maintaining that AIs may be considered as legal persons. Then, it aims to demonstrate the opposite thesis, according to which AIs are mere tools.
Antonino Gullo et al. (ed) I nuovi volti del sistema penale fra cooperazione pubblico privato e meccanismi di integrazione fra hard law e soft law (Giuffrè Francis Lefebvre), 2021
Il 21 aprile 2021, all'esito di un articolato processo normativo iniziato tre anni prima, la Comm... more Il 21 aprile 2021, all'esito di un articolato processo normativo iniziato tre anni prima, la Commissione europea ha reso pubblica una Proposta di Regolamento, indirizzata al Parlamento europeo e al Consiglio, «laying down harmonised rules on artificial intelligence (Artificial Intelligence Act) and amending certain Union legislative acts». La Proposta-attraverso «a proportionate and risk-based European regulatory approach»-mira a realizzare due "obiettivi gemelli": affrontare il problema della gestione dei rischi associati a specifiche applicazioni di IA, promuovendo, nondimeno, la diffusione di tale tecnologia. Il presente contributo offre una prima lettura del documento, evidenziando, in particolare, i principali profili di interesse per il diritto penale sostanziale e processuale. Al riguardo, vengono individuate tre aree tematiche: a) l'ambito di rilevanza della Proposta e la definizione di IA; b) talune pratiche oggetto di divieto; c) le questioni relative al c.d. danno da prodotto intelligente.
Digital health refers to the application of various technologies with the aim of supporting/offer... more Digital health refers to the application of various technologies with the aim of supporting/offering healthcare services. Among such technologies, AI poses new regulatory challenges. This article aims at clarifying, in the light of the EU legislation, whether such technologies shall be considered medical devices, and which law applies to the various phases of their lifecycle. In this regard, the provisions of the relevant pieces of EU legislation (the Medical Device Regulation, the legislation on clinical trials of medicines, and the recent Commission9s proposal for an AI Act) will be coordinated, to identify the rules applicable to AI-based MDs overall and the requirements that the economic actors involved in their lifecycle shall comply with.
On October 24, 2018 the Italian Constitutional Court held that the absolute ban on assisted suici... more On October 24, 2018 the Italian Constitutional Court held that the absolute ban on assisted suicide provided for by Art. 580 of the Italian criminal code is unconstitutional under certain conditions. On the one hand, this Article «serves the purpose of protecting interests that are worthy of protection by the legal system» (p. 6), such as life and the protection of weak and vulnerable people. On the other hand, in specific situations like the one in the DJ Fabo's case, the assistance to die «may seem to the sick person to be the only way out of being kept alive by artificial methods that are no longer desired, and which he or she has the right to refuse» (p. 8). In particular the Court has set four conditions under which the absolute prohibition of suicide assistance can turn to be unconstitutional, and namely in those cases in which «assisted persons are (a) affected by an illness that is incurable and (b) causes physical or psychological suffering, which they find absolutely i...
Recent developments in the technological domain have increased the interactions between artificia... more Recent developments in the technological domain have increased the interactions between artificial and natural spheres, leading to a growing interest in the ethical, legal and philosophical implications of AI research. The present paper aims at creating an interdisciplinary discussion on issues raised by the use and the implementation of artificial intelligence algorithms, robotics, and applied solutions in the neuroscience and biotechnology field. Building on the findings of the webinar “Workshop neuroni artificial e biologici: etica e diritto”, this work explores the issues discussed in the workshop, it attempts to show both the existing challenges and opportunities and it seeks to propose ways forward to overcome some of the investigated problems.
The definition of genocide established in the 1948 UN Convention has been totally adopted by the ... more The definition of genocide established in the 1948 UN Convention has been totally adopted by the international lawmakers when formulating the corresponding provisions of the Ad Hoc Tribunals’ Statutes, and, more recently, also article 6 of the Rome Statute of the International Criminal Court. In my oral presentation, I will try to address the topic of the genocidal specific intent. The theme of the genocidal dolus specialis is certainly among the most debated, not only because it is relevant to the crime itself, but also because it can well represent the occasion for the emergence of the various opinions concerning, upstream, the reconstruction of a theory of guilt in international criminal law (and, more specifically, in the ICC Statute’s system). Moreover, pursuant to a rigorous approach, I will try to rebut the thesis according to which the genocidal mental element can also be fulfilled by two psychological standards which are, in my opinion, wrong: i.e. the recklessness and the ...
United Nations Interregional Crime and Justice Research Institute (UNICRI), "Special Collection on Artificial Intelligence", 2020
The advances in the field of artificial intelligence (AI) are changing the nature of medical care... more The advances in the field of artificial intelligence (AI) are changing the nature of medical care. They involve both the sectors of diagnostics and therapeutics. Medical literature has widely analysed the advantages and the risks of AI. Researchers have found that early diagnoses are essential in order to avert the decline of patients’ health status. This can be achieved through improving the analysis procedures on healthcare data by means of AI techniques. However, in order to guarantee the security of AI medical devices, their clinical evaluation is crucial. This article aims at conceptualising and solving the questions related to the application of AI in healthcare from the point of view of criminal law. The traditional criminal law categories will be investigated, so as to understand whether it is possible to consider deaths and injuries occurring in the context of medical care as criminal offences to prevent and prosecute, when AI techniques are used. The study will be carried out in a comparative perspective. In conclusion, this will allow to propose a new AI-risk assessment paradigm, based on the integration of criminal law, civil law, and administrative law measures, so as to guarantee an equilibrium between the fundamental rights of the accused (a fair trial) and of the victims (a compensation for damages they have suffered).
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This article aims at conceptualising and solving the questions related to the application of AI in healthcare from the point of view of criminal law. The traditional criminal law categories will be investigated, so as to understand whether it is possible to consider deaths and injuries occurring in the context of medical care as criminal offences to prevent and prosecute, when AI techniques are used. The study will be carried out in a comparative perspective.
In conclusion, this will allow to propose a new AI-risk assessment paradigm, based on the integration of criminal law, civil law, and administrative law measures, so as to guarantee an equilibrium between the fundamental rights of the accused (a fair trial) and of the victims (a compensation for damages they have suffered).
This article aims at conceptualising and solving the questions related to the application of AI in healthcare from the point of view of criminal law. The traditional criminal law categories will be investigated, so as to understand whether it is possible to consider deaths and injuries occurring in the context of medical care as criminal offences to prevent and prosecute, when AI techniques are used. The study will be carried out in a comparative perspective.
In conclusion, this will allow to propose a new AI-risk assessment paradigm, based on the integration of criminal law, civil law, and administrative law measures, so as to guarantee an equilibrium between the fundamental rights of the accused (a fair trial) and of the victims (a compensation for damages they have suffered).