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Principles of Criminal Law, which are directly or indirectly recognized in the Constitution as legal guarantees for the citizens against the ius puniendi, are founded in the notion of freewill, and in the consequent attribution of responsibility as a basic feature connected to the principle of autonomy. This is the theoretical foundation, not only of the traditional concept of culpability, but also of the general notion of conduct (a voluntary act or behavior that can give rise to liability in case of breaching a duty which is personally demanded to the subject): the criminal sanction is justified only when a citizen has failed to comply with the correct behavior personally demanded of him by means of an act or an omission, taking into account that criminal punishment means a restriction of liberty. However, the logic behind it would crumble if the basis of criminalization shifted towards the concept of dangerousness, because the latter can hardly be outlined with adequate certainty but also because proportionality would lose its fundamental connection to the act committed.