Verso un diritto penale geneticamente modificato? A proposito di un recente progetto di riforma dei reati agroalimentari

Abstract

The article analyses, first of all, – also in a comparative key – the most significant problematic aspects emerging from the resort, very frequent in the food sector, to typification techniques based on references to European legislation. Lexical hybridisms and precautionary needs of the European model of food security risk to affect the classical categories of criminal law, not only at the level of relevant concepts, but also at that of fundamental principles. After an overall look to the contents of the reform Project of agro-food crimes elaborated by the Caselli Commission in 2015, the study focuses particularly on the way the Project suggests to rewrite the cornerstone offence established by art. 5 of law n. 283 of 30 April 1962. The suggested offence, which uses a particular technique of referencing en bloc to national and European regulations in the matter of food security, poses relevant questions concerning the principles of law reservation, of determinacy and «tassativita`», of last resort and proportionality of punishment, moreover favouring a dangerous mechanism of «pan-penalisation». The work concludes with some suggestions for reforming the topic in light of a first critical assessment of the 2015 Project.