La reforma de la legítima defensa en Italia: El derecho a la autotutela del domicilio familiar

Abstract

This paper deals with the the recent amendment of the regulation of the self defense in the Italian Penal Code. The Law. 59/2006 has introduced a new rule concerning the right to use the self defense in a private home o commercial premises. Utilizing the distinction between rules of behavior and rules of judgment, the auto analyzes the role of the new text, and proposes an interpretation consistent with the balancing between the interest of the aggressor and aggressed that sharp the institution of the self defense under constitutional values.