Guarantee principles and white-collar crime

Abstract

The text examines the guarantee principles of Criminal Law and their relationship with white-collar crime, analyzing legality, minimal intervention, culpability, and humanity. It argues that punitive exacerbation, fueled by the manipulation of diffuse collective fear and by the confusion between organized crime and mass crime, threatens fundamental rights and the rule of law itself. It criticizes functional Criminal Law, which replaces harm with danger, the closed type with the open type, and subjective liability with strict liability, in the name of combating modern crime. It concludes that Criminal Law cannot relinquish its historical achievements and that economic crime must be addressed with sanctions appropriate to the nature of legal entities, without destroying the fundamental principles of culpability-based Criminal Law.