Emanuele Perrotta
Emanuele Perrotta earned his Master's Degree in Law at the University of Salerno (Italy).
Criminal Lawyer and former intern at the Office of the Prosecutor of the Italian Republic, he had an appointment as Honorary Fellow in International Law and EU Law at the University of Cagliari (Italy).
He has been awarded a full scholarship conferred by the Institute "St. Pius V" to attend the LL.M. program in "Criminology and Criminal Law" at the University of Naples "Federico II", achieved cum laude.
He furthered his studies abroad at the Université Lumière Lyon II (France) and at The Hague Academy of International Law (The Netherlands).
From 2014 to 2016, Mr. Perrotta has been Assistant to the General Editor for the volume «The Global Community. Yearbook of International Law and Jurisprudence» (Oxford University Press) and he also authored the sections of the «Yearbook» dedicated to the ICC, ICTY and ICTR jurisprudence.
Former member of the Association Internationale de Droit Pénal and of the Italian Society of International Law and EU Law (SIDI), he has written numerous articles in books and journals about various topics of international and national law and in particular about: maritime safety; inherent powers of international tribunals; constitutional protection of cultural heritage; global epidemics and individual criminal responsibility.
Criminal Lawyer and former intern at the Office of the Prosecutor of the Italian Republic, he had an appointment as Honorary Fellow in International Law and EU Law at the University of Cagliari (Italy).
He has been awarded a full scholarship conferred by the Institute "St. Pius V" to attend the LL.M. program in "Criminology and Criminal Law" at the University of Naples "Federico II", achieved cum laude.
He furthered his studies abroad at the Université Lumière Lyon II (France) and at The Hague Academy of International Law (The Netherlands).
From 2014 to 2016, Mr. Perrotta has been Assistant to the General Editor for the volume «The Global Community. Yearbook of International Law and Jurisprudence» (Oxford University Press) and he also authored the sections of the «Yearbook» dedicated to the ICC, ICTY and ICTR jurisprudence.
Former member of the Association Internationale de Droit Pénal and of the Italian Society of International Law and EU Law (SIDI), he has written numerous articles in books and journals about various topics of international and national law and in particular about: maritime safety; inherent powers of international tribunals; constitutional protection of cultural heritage; global epidemics and individual criminal responsibility.
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Articles in Books and Journals by Emanuele Perrotta
La corte ha applicato l’art. 416-bis c.p. sulla base della continuità operativa tra la neoformazione e la casa-madre, assimilata al paradigma civilistico della successione a titolo particolare.
La sentenza si inserisce nel complesso dibattito sulla esteriorizzazione del metodo mafioso, imponendo una distinzione tra “successioni” e “secessioni” mafiose.
While in the past epidemics related emergencies affected other parts of the world, now the Italian legal system, because of the health-care crisis caused by covid-19, is called upon identifying any contagion responsibilities by implementing its own law enforcement measures (especially Sections 438 and 452 of the Criminal Code), which have been seldom applied due to the fact that epidemic outbreaks have occurred only rarely and, therefore, are characterized by an uncertain scope of application.
As we will try to argue, the spread of covid-19 in Italy has highlighted a certain gap between the provisions of the Criminal Code — as interpreted to date — and today’s epidemiology, which requires a new approach to some elements related to the case in point, notably the reinstatement of the category of offenders, a differentiation of negligent liability levels also within the healthcare domain and the compatibility of the crime with any omissive conduct (as recognized by the latest case-law) now appear to be necessary steps in order to bring «regulatory reality» back to «factual reality».
Finally, this essay aims to include the «new» individual contagion responsibility, thus outlined, within the context of the so-called web of causation of the epidemics and, conversely, into the common but differentiated responsibility system (CBDR) of international origin, which currently seems to be the most efficient way to attribute any criminal liability in a healthcare crisis.
The second section interprets these normative data through an analysis both macroeconomic and temporal aiming towards the survey objectives that include outlining the evolutionary scope of the protection of culture and cultural heritage in world constitutional provisions.
La corte ha applicato l’art. 416-bis c.p. sulla base della continuità operativa tra la neoformazione e la casa-madre, assimilata al paradigma civilistico della successione a titolo particolare.
La sentenza si inserisce nel complesso dibattito sulla esteriorizzazione del metodo mafioso, imponendo una distinzione tra “successioni” e “secessioni” mafiose.
While in the past epidemics related emergencies affected other parts of the world, now the Italian legal system, because of the health-care crisis caused by covid-19, is called upon identifying any contagion responsibilities by implementing its own law enforcement measures (especially Sections 438 and 452 of the Criminal Code), which have been seldom applied due to the fact that epidemic outbreaks have occurred only rarely and, therefore, are characterized by an uncertain scope of application.
As we will try to argue, the spread of covid-19 in Italy has highlighted a certain gap between the provisions of the Criminal Code — as interpreted to date — and today’s epidemiology, which requires a new approach to some elements related to the case in point, notably the reinstatement of the category of offenders, a differentiation of negligent liability levels also within the healthcare domain and the compatibility of the crime with any omissive conduct (as recognized by the latest case-law) now appear to be necessary steps in order to bring «regulatory reality» back to «factual reality».
Finally, this essay aims to include the «new» individual contagion responsibility, thus outlined, within the context of the so-called web of causation of the epidemics and, conversely, into the common but differentiated responsibility system (CBDR) of international origin, which currently seems to be the most efficient way to attribute any criminal liability in a healthcare crisis.
The second section interprets these normative data through an analysis both macroeconomic and temporal aiming towards the survey objectives that include outlining the evolutionary scope of the protection of culture and cultural heritage in world constitutional provisions.