Evasion and abuse in the penal system

The work deals with evasion and abuse as criteria for the attribution of criminal liability, with the aim of verifying their compatibility with the standards of certainty and specificity of the precept. It starts from the analysis of evasion as an element of the crime, inside and outside the penal code and also in a historical-comparative perspective, investigating its dogmatic polysemy and the hybrid nature between the descriptive and the normative. In particular, its ability to coexist, in the penal system, with more "traditional" concepts, such as fraud or simulation, is examined. The relationship between evasion and abuse is then analyzed, indicating a dogmatic placement for the latter concept and for the arguments (primarily the abuse of law) connected to it, always in the perspective of predictability in criminal law. The research is based on the inevitable costs of such predictability and the risks that are run when trying to remedy them in the interpretative stage.