Κατεύθυνση ΕγκληματολογίαLibrary of the School of Law
Μαρία Κρανιδιώτη, Επίκουρη Καθηγήτρια, Νομική Σχολή, Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών
Η επίδραση της Ιταλικής Θετικής Σχολής στην ελληνική εγκληματολογική σκέψη
The influence of the Italian Positive School in the Greek forensic thought
This work is divided into two parts. The first part attempts to conceptual delimitation and clarification of forensic thought and its distinction from forensic science.
Furthermore, it is attempted to review the context in which the Italian Positive School was developed, as well as the factors that contributed to the creation of this School of Criminology.
At the same time, the individual assumptions of the Italian Positive School are presented, while reference is made to its main representatives and their positions, as expressed in their individual works. In particular, the method followed by the individual representatives of the Italian Positive School to investigate the causes and origins of crime, the definition of the concept of "crime" by them, and the reason why some people criminalize, while others do not. It also examines the way in which the individual representatives of this School have defined the concept of "criminal" and his "special characteristics". Still, in the light of the teaching of the Italian Positive School, one or more categories / types of criminals are being investigated, as well as the suggestions made by the representatives of this School about the treatment of the individual criminologist and the factors which depend on it, and on the other treatment of the perpetrator.
It then attempts to evaluate and critique the individual positions of the representatives of the Italian Positive School, as well as to compare its positions with the positions supported by other "opposite" Schools of Criminology.
In the second part of the present, a specific reference is made to the subject, the methodology and the research tools to be used for the subject under investigation.
Then, a brief overview of the development of forensic thought in Greece is made until the introduction of Criminology as an independent scientific discipline.
Then, the effect of the Italian Positive School on Greek forensic thought is investigated.
In particular, it examines whether and to what extent the positions of the representatives of the Italian Positive School by the Greek criminologists were accepted and some preliminary conclusions are drawn.
The criticism of the positives of the Italian Positive School from Greek forensic thought is given below, and the main points on which it was centered are cited.
Furthermore, the impact of the positives of the Italian Positive School on Greek criminal law is being investigated and the investigation and examination of the individual regulations of the current Penal Code, whose adoption was the result of the impact of the younger perceptions about the criminal and the need for individualized criminal treated by the Italian Positive School. The approximation of the individual regulations of the current Penal Code is in contrast to the previous "Criminal Law" of 1833. At the same time, a recent example of the effect of the positives of the Italian Positive School on criminal law is presented, in order to demonstrate that the main positions it formulated the need to know the personality of the criminal and his treatment based on it, are still up to date.
Finally, conclusions are drawn on the impact of the positives of the Italian Positive School on Greek forensic thought and criminal law.
Main subject category:
Law and Legislation
Other subject categories:
Criminology /Penology (Criminology -Corrections, Criminalistics)
Criminality, Forensic Thought, Forensic Science, Crime, Criminal, Italian Positive School, Lombroso, Ferri, Garofalo, School of Lyon, German Positive School, Greek Forensic Thought, Criminal Code, penalty, security measures
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