Proporzionalità e ragionevolezza nel difficile percorso verso il c.d. omicidio nautico

The approval in the Senate of a bill aimed at the introduction of nautical homicide brings to the attention a criminal policy based on the social perception of preventive and repressive needs, of which road murder is an emblem, a reference figure for the proposed legislative adjustment. Starting from the current regulatory framework and the precautionary rules in the nautical sector, the essay follows the difficult path for the creation of this new case in the light of the principles of reasonableness and proportionality, examining the structural criticalities and the sanctioning profiles, also linked to the possible formal concurrence with crimes of danger such as, among the crimes against public safety, the culpable shipwreck.