title: [Prevention and repression in the control of food].
abstract: Prevention takes roots as in the medical culture as in the juridical tradition (with a significant reflex in the Italian Constitution). In the present study, these common purposes are considered for the solution of many problems with regard the quality and the hygiene of food. First of all, to avoid the risk caused by dangerous food and to reduce the repressive interventions, giving more space to the preventive action, a change of the general beginning of some laws is requested. Indeed, the modern penal doctrine rate the penalty as an effective means of "general prevention" only if the people think that the ethical foundation of the law is just, the technical basis of the matter is clear and the precepts are feasible. In the food matter the legislative clearness is hindered by a confused and incoherent stratification of the rules. On the other hand, the legitimacy of the laws can be contested when the rule opposes some general principles of justice and/or a balanced hierarchy of the values which should be ranged and defended by means of the law is missing. In those events the value of the penalty is disproportional to the real weight of the crime. In the requirements of foods the hierarchy of values is founded mainly on the nutritive quality, hygienic safety and market quotation. The combination of these parameters constitutes the so-called "pre-legislative scale of protected goods" which need to be inserted in the penal system.(ABSTRACT TRUNCATED AT 250 WORDS)
authors: B
authors: B
authors: Maida
mesh_terms: D005502:Food / Q000592:standards; D006266:Health Education; D006801:Humans; D007558:Italy; D007881:Legislation, Food
vernacular_title: Prevenzione e repressione nel controllo degli alimenti.