Reati di opinione, offensività e problemi probatori

Abstract

Even in recent times, faced with real or presumed criminal emergencies, the Italian legislator has not avoided the risk of incriminating the freedom of expression. The exiguous margin of constitutional legitimacy of the crimes of opinion remains bound to the possibility of a criminal relevance of the psychic causality, but the difficulty of proving the motivational efficacy of the offending conduct compromises the effectiveness of the legislative choices.