Il principio di precauzione in diritto penale

Oggetto della ricerca è la rilevanza nell’ambito del diritto penale del principio di precauzione. Quest’ultimo deve la sua diffusione e popolarità al fatto di presentarsi come criterio guida al problema del rischio e dell’incertezza. L’esigenza di adottare scelte normative in condizioni di incertezza scientifica è infatti oggi ineludibile. Si cercherà in primo luogo di circoscrivere l’oggetto dell’indagine analizzando il rilievo che il principio di precauzione ha a livello legislativo e giurisprudenziale. Quindi si analizzeranno le problematiche che il ricorso allo stesso suscita con riferimento alla struttura classica del reato e legate al contesto di incertezza nel quale viene invocato. Tali problematiche si riferiscono alla possibilità o meno di dare rilevanza al modello del reato di pericolo, alla ricostruzione del nesso causale e all’influenza che il principio di precauzione può determinare nell’accertamento dell’elemento soggettivo delle colpa. Si concluderà l’analisi analizzando le diverse posizioni assunte dalla dottrina italiana circa l’opportunità o meno dell’intervento penale in contesti di incertezza scientifica, individuando, in caso di risposta affermativa, le modalità di intervento.

The APSEL4D Monolithic Active Pixel Sensor and its Usage in a Single Electron Interference Experiment

We have realized a Data Acquisition chain for the use and characterization of APSEL4D, a 32 x 128 Monolithic Active Pixel Sensor, developed as a prototype for frontier experiments in high energy particle physics. In particular a transition board was realized for the conversion between the chip and the FPGA voltage levels and for the signal quality enhancing. A Xilinx Spartan-3 FPGA was used for real time data processing, for the chip control and the communication with a Personal Computer through a 2.0 USB port. For this purpose a firmware code, developed in VHDL language, was written. Finally a Graphical User Interface for the online system monitoring, hit display and chip control, based on windows and widgets, was realized developing a C++ code and using Qt and Qwt dedicated libraries. APSEL4D and the full acquisition chain were characterized for the first time with the electron beam of the transmission electron microscope and with 55Fe and 90Sr radioactive sources. In addition, a beam test was performed at the T9 station of the CERN PS, where hadrons of momentum of 12 GeV/c are available. The very high time resolution of APSEL4D (up to 2.5 Mfps, but used at 6 kfps) was fundamental in realizing a single electron Young experiment using nanometric double slits obtained by a FIB technique. On high statistical samples, it was possible to observe the interference and diffractions of single isolated electrons traveling inside a transmission electron microscope. For the first time, the information on the distribution of the arrival time of the single electrons has been extracted.

Radiative neutron capture cross section on 238U at the n_TOF CERN facility: a high precision measurement

The aim of this work is to provide a precise and accurate measurement of the 238U(n,gamma) reaction cross-section. This reaction is of fundamental importance for the design calculations of nuclear reactors, governing the behaviour of the reactor core. In particular, fast neutron reactors, which are experiencing a growing interest for their ability to burn radioactive waste, operate in the high energy region of the neutron spectrum. In this energy region inconsistencies between the existing measurements are present up to 15%, and the most recent evaluations disagree each other. In addition, the assessment of nuclear data uncertainty performed for innovative reactor systems shows that the uncertainty in the radiative capture cross-section of 238U should be further reduced to 1-3% in the energy region from 20 eV to 25 keV. To this purpose, addressed by the Nuclear Energy Agency as a priority nuclear data need, complementary experiments, one at the GELINA and two at the n_TOF facility, were scheduled within the ANDES project within the 7th Framework Project of the European Commission. The results of one of the 238U(n,gamma) measurement performed at the n_TOF CERN facility are presented in this work, carried out with a detection system constituted of two liquid scintillators. The very accurate cross section from this work is compared with the results obtained from the other measurement performed at the n_TOF facility, which exploit a different and complementary detection technique. The excellent agreement between the two data-sets points out that they can contribute to the reduction of the cross section uncertainty down to the required 1-3%.

Mathematical Optimization Applied to Thermal and Electrical Energy Systems

This Thesis aims at building and discussing mathematical models applications focused on Energy problems, both on the thermal and electrical side. The objective is to show how mathematical programming techniques developed within Operational Research can give useful answers in the Energy Sector, how they can provide tools to support decision making processes of Companies operating in the Energy production and distribution and how they can be successfully used to make simulations and sensitivity analyses to better understand the state of the art and convenience of a particular technology by comparing it with the available alternatives. The first part discusses the fundamental mathematical background followed by a comprehensive literature review about mathematical modelling in the Energy Sector. The second part presents mathematical models for the District Heating strategic network design and incremental network design. The objective is the selection of an optimal set of new users to be connected to an existing thermal network, maximizing revenues, minimizing infrastructure and operational costs and taking into account the main technical requirements of the real world application. Results on real and randomly generated benchmark networks are discussed with particular attention to instances characterized by big networks dimensions. The third part is devoted to the development of linear programming models for optimal battery operation in off-grid solar power schemes, with consideration of battery degradation. The key contribution of this work is the inclusion of battery degradation costs in the optimisation models. As available data on relating degradation costs to the nature of charge/discharge cycles are limited, we concentrate on investigating the sensitivity of operational patterns to the degradation cost structure. The objective is to investigate the combination of battery costs and performance at which such systems become economic. We also investigate how the system design should change when battery degradation is taken into account.

Improvement of photon transport model by including coupled photon-electron transport and kernel refinement

The first part of this work deals with the inverse problem solution in the X-ray spectroscopy field. An original strategy to solve the inverse problem by using the maximum entropy principle is illustrated. It is built the code UMESTRAT, to apply the described strategy in a semiautomatic way. The application of UMESTRAT is shown with a computational example. The second part of this work deals with the improvement of the X-ray Boltzmann model, by studying two radiative interactions neglected in the current photon models. Firstly it is studied the characteristic line emission due to Compton ionization. It is developed a strategy that allows the evaluation of this contribution for the shells K, L and M of all elements with Z from 11 to 92. It is evaluated the single shell Compton/photoelectric ratio as a function of the primary photon energy. It is derived the energy values at which the Compton interaction becomes the prevailing process to produce ionization for the considered shells. Finally it is introduced a new kernel for the XRF from Compton ionization. In a second place it is characterized the bremsstrahlung radiative contribution due the secondary electrons. The bremsstrahlung radiation is characterized in terms of space, angle and energy, for all elements whit Z=1-92 in the energy range 1–150 keV by using the Monte Carlo code PENELOPE. It is demonstrated that bremsstrahlung radiative contribution can be well approximated with an isotropic point photon source. It is created a data library comprising the energetic distributions of bremsstrahlung. It is developed a new bremsstrahlung kernel which allows the introduction of this contribution in the modified Boltzmann equation. An example of application to the simulation of a synchrotron experiment is shown.

Il principio di prevedibilità in materia penale. Riflessi sulle garanzie fondamentali di una analisi comparata sulla "cultura del precedente"

Nell’epoca di profonda transizione dell’era «pos-moderna», il modello tradizionale di legalità che conferisce al Parlamento il monopolio in materia penale entra in crisi in ragione della frammentazione delle fonti del diritto - a livello nazionale e sovranazionale - nonché delle spinte di globalizzazione capaci di incidere, ormai, ben oltre il mero piano economico. A fronte della incapacità del legislatore di rispondere in termini effettivi alla urgenza di razionalizzare e riformare il sistema penale, quindi, il potere giudiziario ha assunto una funzione di sostanziale supplenza, generando inevitabili attriti con il nullum crimen e i suoi corollari. Ne deriva che il Giudice di legittimità sempre più si preoccupa di assicurare la prevedibilità dei mutamenti interpretativi, specie se in malam partem, tenendo a mente gli ultimi approdi della giurisprudenza di Strasburgo in riferimento all’art. 7 CEDU. In particolare, tanto nelle motivazioni delle decisioni quanto nei contributi dottrinali, si diffonde graduale il riferimento a istituti propri del modello di common law: la recente riforma dell’art. 618, co 1 bis, c.p.p., del resto, è stata descritta a più voci come l’avvio della diffusione nell’ordinamento interno della c.d. “cultura del precedente”. In tale frangente, diviene utile approfondire l’opportunità dell’accostamento tra il modello di common law e di civil law, conducendo uno studio comparato tra i due ordinamenti quanto all’esercizio del potere punitivo che intende esaminare l’opportunità di acquisire rimedi propri della esperienza secolare del diritto judge-made in un ordinamento governato dalla soggezione del giudice alla legge.

Light & Electron beam - the perfect combination for the observation and application of photo active materials

The aim of the present PhD thesis is to investigate the properties of innovative nanomaterials for energy conversion. The materials have been deeply studied by means of a wide spectrum of different techniques based on both light and electron sources, in order to get an insight into the correlation between the properties of each material and the activity towards different energy conversion applications. The activity has been carried out in the framework of a collaboration between the “G.Ciamician” Chemistry Department of the University of Bologna and the CNR-IMM Bologna. Four main topics have been explored: in the first part, luminescent silicon nanocrystals (SiNCs) have been discussed, suggesting a new approach to improve their optical properties as active material in complementary optoelectronic devices and photovoltaic cells. The luminescence of SiNCs have been exploited to increase the efficiency of conventional photovoltaic cells by means of an innovative architecture. Specifically, SiNCs were shown to be very promising light emitters in luminescent solar concentrators (LSC). The second part of the work has been focused on the study of high phosphorescent molecular chromophores, suggesting a new approach in their use as optical sensors successfully applied to the field of polymeric materials. This is due to the enhanced emission of light that appears in rigid, constrained or crystalline state, that is commonly called: "Aggregation-Induced Emission (AIE)". Such phenomenon is characteristic for molecular structures such as persulfurated benzene chromophores, hereafter named asterisks. The last two parts were focused on conventional and in-situ Transmission Electron Microscopy (TEM) morphological and structural characterization of photoactive and catalytic materials for energetic applications and in particular water splitting.

Propagation modelling and resource allocation in mobile radio communications

Over the past years, ray tracing (RT) models popularity has been increasing. From the nineties, RT has been used for field prediction in environment such as indoor and urban environments. Nevertheless, with the advent of new technologies, the channel model has become decidedly more dynamic and to perform RT simulations at each discrete time instant become computationally expensive. In this thesis, a new dynamic ray tracing (DRT) approach is presented in which from a single ray tracing simulation at an initial time t0, through analytical formulas we are able to track the motion of the interaction points. The benefits that this approach bring are that Doppler frequencies and channel prediction can be derived at every time instant, without recurring to multiple RT runs and therefore shortening the computation time. DRT performance was studied on two case studies and the results shows the accuracy and the computational gain that derives from this approach. Another issue that has been addressed in this thesis is the licensed band exhaustion of some frequency bands. To deal with this problem, a novel unselfish spectrum leasing scheme in cognitive radio networks (CRNs) is proposed that offers an energy-efficient solution minimizing the environmental impact of the network. In addition, a network management architecture is introduced and resource allocation is proposed as a constrained sum energy efficiency maximization problem. System simulations demonstrate an increment in the energy efficiency of the primary users’ network compared with previously proposed algorithms.

Planning and flexible operation of storage systems in power grids: from transmission to distribution networks

The first part of the thesis has been devoted to the transmission planning with high penetration of renewable energy sources. Both stationary and transportable battery energy storage (BES, BEST) systems have been considered in the planning model, so to obtain the optimal set of BES, BEST and transmission lines that minimizes the total cost in a power network. First, a coordinated expansion planning model with fixed transportation cost for BEST devices has been presented; then, the model has been extended to a planning formulation with a distance-dependent transportation cost for the BEST units, and its tractability has been proved through a case study based on a 190-bus test system. The second part of this thesis is then devoted to the analysis of planning and management of renewable energy communities (RECs). Initially, the planning of photovoltaic and BES systems in a REC with an incentive-based remuneration scheme according to the Italian regulatory framework has been analysed, and two planning models, according to a single-stage, or a multi-stage approach, have been proposed in order to provide the optimal set of BES and PV systems allowing to achieve the minimum energy procurement cost in a given REC. Further, the second part of this thesis is devoted to the study of the day-ahead scheduling of resources in renewable energy communities, by considering two types of REC. The first one, which we will refer to as “cooperative community”, allows direct energy transactions between members of the REC; the second type of REC considered, which we shall refer to as “incentive-based”, does not allow direct transactions between members but includes economic revenues for the community shared energy, according to the Italian regulation framework. Moreover, dispatchable renewable energy generation has been considered by including producers equipped with biogas power plants in the community.

Study of charm hadronisation in pp collisions at $\sqrt{s}$ = 13 TeV with the ALICE experiment

In high-energy hadron collisions, the production at parton level of heavy-flavour quarks (charm and bottom) is described by perturbative Quantum Chromo-dynamics (pQCD) calculations, given the hard scale set by the quark masses. However, in hadron-hadron collisions, the predictions of the heavy-flavour hadrons eventually produced entail the knowledge of the parton distribution functions, as well as an accurate description of the hadronisation process. The latter is taken into account via the fragmentation functions measured at e$^+$e$^-$ colliders or in ep collisions, but several observations in LHC Run 1 and Run 2 data challenged this picture. In this dissertation, I studied the charm hadronisation in proton-proton collision at $\sqrt{s}$ = 13 TeV with the ALICE experiment at the LHC, making use of a large statistic data sample collected during LHC Run 2. The production of heavy-flavour in this collision system will be discussed, also describing various hadronisation models implemented in commonly used event generators, which try to reproduce experimental data, taking into account the unexpected results at LHC regarding the enhanced production of charmed baryons. The role of multiple parton interaction (MPI) will also be presented and how it affects the total charm production as a function of multiplicity. The ALICE apparatus will be described before moving to the experimental results, which are related to the measurement of relative production rates of the charm hadrons $\Sigma_c^{0,++}$ and $\Lambda_c^+$, which allow us to study the hadronisation mechanisms of charm quarks and to give constraints to different hadronisation models. Furthermore, the analysis of D mesons ($D^{0}$, $D^{+}$ and $D^{*+}$) as a function of charged-particle multiplicity and spherocity will be shown, investigating the role of multi-parton interactions. This research is relevant per se and for the mission of the ALICE experiment at the LHC, which is devoted to the study of Quark-Gluon Plasma.