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In this paper the Author presents the Giuseppe Bettiol’s theory starting from his
cultural background (Olgiati, Delitala, Welzel).
Bettiol’s theory shows a personalistic perspective that is not compatible with
other famous reviews on the subject and draws attention on the concept of
The Author also certifies the necessity, in the Bettiol’s opinion, of overcoming
the traditional notion of the will deliberate by the teachings of De Marsico and
So Giuseppe Bettiol was looking for a concept, which is rooted on the guilt of the
“agent”. By this background the humanization of the criminal law should have
been starting from the deepening of the consciousness of the agent against the
To pay a penalty in the end it was not for rehabilitative or conditioning coercion
from outside, but for its intimate nature, able to understand the subjective
consciousness of guilt on the character of his behavior contrary to the duty.