Terrorismo e Mafia

The issue of «Meridiana» analyses counter-terrorism and mafia strategies over the course of Italian history from a double viewpoint (both legal and historical). The contributions of the different authors follow the evolution of criminal, substantive and procedural rules while identifying a unitary, «emerging» trait. Exceptionality, which has become one of the permanent characteristics of the Italian criminal justice system. The studies of some famous cases highlights the twists of the legal categories, the use of repentants, and the close collaboration between the judges and the public prosecutors. Risky interference between historiography and procedure requires that the criminal dimension be returned to the last link in the chain of countering terrorism and the mafia. The choice is necessary to safeguard criminal guarantees and respect the canons of «due process of law»

Does hepatic pedicle clamping affect disease-free survival following liver resection for colorectal metastases?

Objective: To evaluate the impact of liver ischemia from hepatic pedicle clamping (HPC) on long-term outcome after hepatectomy for colorectal liver metastases (CRLM). Background: Liver resection offers the only chance of cure for patients with CRLM. Several clinical and pathologic factors have been reported as determinants of poor outcome after hepatectomy for CRLM. A controversial issue is that hepatic ischemia/reperfusion injury from HPC may adversely affect long-term outcome by accelerating the outgrowth of residual hepatic micrometastases. Methods: Patients undergoing liver resection for CRLM in 2 tertiary referral centers, between 1992 and 2008, were included. Disease-free survival and specific liver-free survival were analyzed according to the use, type, and duration of HPC. Results: Five hundred forty-three patients had primary hepatectomy for CRLM. Hepatic pedicle clamping was performed in 355 patients (65.4%), and intermittently applied in 254 patients (71.5%). Postoperative mortality and morbidity rates were 1.3% and 18.5%, respectively. Hepatic pedicle clamping had a highly significant impact in reducing the risk of blood transfusions and was not correlated with significantly higher postoperative morbidity. Liver recurrence rate was not significantly different according to the use, type, and duration of HPC, in patients resected after preoperative chemotherapy as well. On univariate analysis, HPC did not significantly affect overall and diseasefree survival. These results were confirmed on the multivariate analysis where blood transfusions, primary tumor nodal involvement, and the size of CRLM of more than 5 cm prevailed as determinants of poor outcome. Conclusions: This study confirms the safety and effectiveness of HPC and demonstrates that in the human situation, there is no evidence that HPC may adversely affect long-term outcome after hepatectomy for CRLM

When Risk Management Systems ‘Fail’: On Criminal Negligence and the Limits of Scientists’ Responsibility

This chapter consists of a brief discussion on some legal aspects concerning scientists’ responsibility in risk prevention processes. After proposing some introductory considerations on scientists’ responsibility as such, the author deals with the L’Aquila earthquake crisis of 2009, when a strong quake destroyed significant parts of L’Aquila (Italy) and surrounding villages, killing more than 300 people. The chapter focuses on the relations between scientific knowledge, normative expectations, decision-making and criminal negligence for ‘failed’ risk assessment and management, paying particular attention to the role of ‘regulatory science’ in constructing the ‘reasonable person’ normative standard of care in the theory of criminal negligence. This allows explaining why the first judgement in the L’Aquila trial (2012) is not convincing, having misunderstood how policy-relevant science should participate in prevention processes and the construction of normative standards. In his conclusions, the author suggests some reasons for the recent tendency to blame experts when natural or technological disasters occur

Confidentiality of correspondence with counsel as a requirement of a fair trial in Italy

Analisi critica della disciplina normativa, alla luce dei principi costituzionali e convenzionali, del diritto di difesa dell’imputato nel processo penale, con particolare riguardo al rapporto con il difensore e alla tutela della riservatezz