Il pericolo e la sua pena: tra proporzionalità e ne bis in idem

Danger represents a normative constant of our time. The essay analyzes the reasons for the extraordinary increase in crimes of endangerment and the content and limits of the category, dwelling in particular on the compatibility with constitutional principles, still debated despite their normative normality. The focus is on the principle of proportionality of punishment, the application difficulties of which are explored in relation to the judgment of probability in which the concept of danger, in its various forms, is condensed. Danger looks at the harm and in the need to avoid it finds its essence: this relational assumption then logically leads to the comparison with the cases in which the dangerous situation or event is actually realized, with the different solutions of specialty and tacit subsidiarity, and another, possible and discussed, principle enters the scene, that of substantive ne bis in idem, again from the perspective of proportionality of punishment.