L'interpretazione sistematica nel diritto penale

The systematic interpretation allows to understand the conceptual links between the disposition to be applied and the remaining dispositions, as of the criminal system strictly intended, as of the entire legal system: the systematic interpretation normally marks the entrance of the type of crime in the factual, normative and value context. Given this definition, the essay faces the applicative difficulties, represented primarily by the elaboration of a notion of system: this reconstruction is complicated in criminal law due to the difficulty of finding a basic idea useful to make a system. The result of the enquiry is the particular congeniality to play this role of the constitutional principles: it derives that the interpretation according to constitution is therefore always systematic. The analysis follows the systematic iter emphasizing the discretion inherent in the choice and in the application of the interpretative method and the logic limit contained in it. The distinction between the disposition and the norm and the natural applicative dynamism of criminal law lead to the conclusion that at the end is the same normality of the systemic thinking, based on coherence and able to ensure to the logic iter homogeneity, continuity and gradualness.