Clausole di tenuità sanzionatoria e di non punibilità: criticità e rischi della collaborazione processuale

The essay addresses the theme of premiality, with particular regard to the mechanisms provided for by artt. 323-bis and 323-ter c.p. (mitigation of the sentence and impunity). With the aim of answering the question whether the prize resulting from the collaboration of the accused finds a justification in the criminal system without altering its functionality, the Author, after having outlined in broad terms the regulatory content of the two measures in question, considers the effects of this legislation on the criminal procedure, and therefore the risks to defence guarantees, to the completeness of investigations, to the techniques of investigation and to the rehabilitation of the convicted.