Theoretical foundations of the cumulative crimes: some questions

Abstract

A legal collective guarantee cannot be measured neither divided into equal parts by those entitled to it. Such juridical guarantee, as the environment, shall hardly be injured or even placed into danger of injury by a single human action. From this comes, by means of scientific empirical studies, the idea that micro harmless actions may cause harm to the collective legal guarantee. Within the Penal Law there are cumulative crimes. They are “harmless crimes” with a “new” justified legitimacy that is the harmful accumulation of misconducts. Because of this, as a natural concern, there are doubts about the lack of legitimacy for such incrimination.