In this historical moment, increasingly, the mass media disclose information regarding criminal offenses that often contribute to solicit the attention, the morbidity , and the curiosity of the public. We recently witnessed the spectacle of reprehensible "terror tourism," or organized trips to Avetrana the mere purpose of visiting places where the gruesome murder of the poor is consumed Scazzi Sara (1) . In this context, it appears that criminology, or the science which concerns the study of the author the offense, the scene of crime and deviant behavior to social norms with respect (2) .
As is well known to all, criminology comes from the bio-anthropological studies of Cesare Lombroso, who with the publication of the text "Man delinquent" of 1876 suggested that individuals commit crimes, as criminals born, and they also, according to the forensic, would be endowed with unique biological characteristics (such as the occipital fossa of the skull found in the study of the bandit Villa). Lombroso believed that the offender was a person crazy, sick and dangerous to society, therefore had to be interned at specific institutions and kept (3) . The forensic came to differentiate the various types of criminal, born criminal, delinquent cars, thug passion for (4) .
Obviously these claims can not be successful, though, it is advisable to specify that Lombroso was the precursor to the study of criminology.
In the following decades, different approaches emerged which had as its objective the study of crime: the biological approach related to ereditaristiche and constitutional theories, the psychological approach and psychoanalytic study on the personality of the offender and finally the sociological shifted attention from the author of the crime to society.
Each of these factors on its own and is not intended to provide answers to ensure the arrangements for crime reduction. The criminologist must make use of such knowledge that can be provided by psychiatrists, psychologists, lawyers, sociologists, forensic scientists and enable them to overcome the limitations related to their individual discipline and reach a better understanding of criminal (5) .
The figure of criminologists, however, as evidenced by careful teaching, not only provide important contributions only at the criminal trial, but may also be of great help in the civil trial. It 'good to clear that, on the theme that there is a substantial gap between the two areas of law. Within the penal 'Article . 220 Code of Criminal Procedure provides that the expertise allowed where necessary to carry out investigations or acquire data or assessments that require specific technical skills, scientific or artistic works, while in the civil courts' art. Code of Civil Procedure 61 provides that when necessary, the court can be assisted to il compimento di singoli atti o per tutto il processo, da uno o più consulenti di particolare competenza tecnica.
La distinzione fondamentale è che nel processo penale il legislatore stabilisce che il giudice si avvale del perito ove sia necessario al fine di svolgere indagine che richiedano una particolare competenza tecnica; mentre invece in ambito civile il giudice “può” farlo, ovvero al magistrato viene data tale opportunità e costui potrà avvalersene se e solo se vorrà farlo, quindi la consulenza tecnica, in questo ultima ipotesi diventa una mera facoltà per il giudice (6) .
In tutti i processi in cui should assess the ability of discernment, mental or nurse may want to help the criminologist to reach a right decision, or as close as possible to the truth of the case to the absolute truth. Nevertheless, the criminologist, an expert in these areas, is relegated to a marginal role.
It is hoped that the case law in the coming years is aware of the importance that can have this figure in the civil trial.
NOTE:
(2) P. DI MARTINO, Criminology. Interdisciplinary analysis of the complexity of the crime, Legal Issues Simone, Napoli, 2009
(3) Fiandaca-moss, Criminal Law, General Section, Zanichelli Editore, Bologna, 2009
(4) Fiandaca-moss, Criminal Law, General Section, Pearson Education, Inc., Bologna, 2009
(5) P. DI MARTINO, Criminology. Interdisciplinary analysis of the complexity of the crime, Legal Issues Simone, Napoli, 2009
(6) P. DI MARTINO, Criminology. Interdisciplinary analysis of the complexity of the crime, Legal Issues Simone, Napoli, 2009
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