The new wording of Article 423 bis c.p. (forest fire) expressly excludes the punishment of the so called back-fire and prescribed fire techniques. This paper is dedicated to the analysis of this clause of non punishment from the point of view of its dogmatic qualification.The opinion expressed in the first comments, according to which it would be a cause of justification, cannot be subscribed. Indeed, it seems more correct to believe that the question concerns the structure of the offense.
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