Perspectives of a modern criminal policy

Abstract

The article analyzes the transformations of criminal policy in the face of so-called modern criminality, characterized by the absence of individual victims, diffuse damages and internationally organized action. The author argues that traditional Criminal Law, anchored in principles such as culpability, individualization of sentencing and in dubio pro reo, proves ineffective in dealing with phenomena such as economic and environmental criminality, drug trafficking and arms smuggling. He criticizes the use of symbolic reactions and the aggravation of penalties, which produce no practical effects and only weaken procedural guarantees. He proposes, as an alternative, an "Intervention Law", situated between Criminal Law and Administrative Law, oriented by prevention, risk and market instruments, reserving Criminal Law for classic crimes against individual legal interests.