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2 The Lawyer Quarterly

2 Neri R.

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The strange case of Italian criminal prosecution

100%

Neri R.

nr 4

595-604

Mandatory prosecution doesn’t mean automatic sequentiality between the report of crime and trial, not even the duty of the prosecutor to start the trial for any “notitia criminis” when it is objectively superfluous. This rule places preliminary investigations outside the scope of the trial, establishing that, at their outcome, the obligation to prosecute arises only if the lack of the conditions that make it necessary to dismiss a case has been verified: in the circumstance of doubt, the prosecution must be exercised and not omitted. A reckless use of the criminal initiative can have negative consequences on the social, economic, family, political and health status of the suspected, or defendant. Consequences that aren’t remedied by an acquittal sentence that often is pronounced years later. In various democratic countries, the rules about the exercise of criminal prosecution are also specifically aimed at preventing trials that aren’t based on solid evidence in a way to avoid that citizens may be seriously damaged by this. On these assumptions arises the need to understand if the mandatory prosecution is still a principle respected in the actual Italian legal system.

Predictability and reasonableness of doubt in the age of AI-law and neurolaw

100%

Neri R.

tom 13

nr 3

234-248

Translating legal neuroscience with artificial intelligence: only in this way will there be a low percentage of wrongful convictions. For some time now, especially in common law jurisdictions, nanotechnology has not been such a remote idea for intervening in the brain activity of criminals. It is a valid reversible tool selective, precise and effective than psychopharmacological treatments. The technology, on which the neurodevices are based, provides a pulse that alerts the subject with such implanted tools,without inhibiting him from his free will and conscious control. The function is thus twofold: predictive and preventive-rehabilitative. The debated question is whether neurointervention should be only voluntary or also mandatory. Is neurointervention an essential component of sentencing or only one of its possible forms? An attempt will be made here to provide an opinion on how the use of nanotechnology applied to neurolaw is legitimate to the principles of substantive and procedural criminal law.