‘Reati culturali’: politiche criminali e prassi applicative tra Italia e Germania

The article deals with the issue of allowed or necessary facts based on the rules of origin of a foreign group, which are legally prohibited by the reception directive. After framing the possible models of approaching the issue of ‘cultural offences’, the author examines some of the most significant types by comparing the Italian and the German systems, therefore a basic homogeneity between the two systems emerges. In the conclusion, legislative and jurisprudential solutions which avoid to penalize on the basis of mere cultural membership are suggested as well as those which unreasonably favour the ‘other’.