Appunti per una teoria 'dignitosa' del diritto penale a partire dalla restorative justice

Facing the idea of dignity of both victims and offenders, criminal law – with its traditionally punitive methods – ends up measuring an enormous distance from the noblest ideals of democracy. The emergence of restorative justice – with its mild interventions and its caring programs towards all involved in the criminal offence – is becoming an important occasion for criminal law to learn how to “work” in a different way, and rethink its aims. Therefore, the essay studies the teachings that criminal law can learn from restorative justice practices, which stand as the most positive and constructive critical issue in the distressing panorama of criminal policy still centered on ancient and aggressive ideas of retribution and punishment. On the one hand, restorative justice, thanks to the simultaneous presence and dialogue of both victims and perpetrators, offers and extraordinary opportunity to understand the empirical reality of crime itself, and the need for care and respect of dignity that is set forth by victims and offenders. On the other hand, fundamental principles of restorative justice (voluntarity and freedom of partcipation, above all) push criminal law towards a more coherent system in light of democratic ideals, thanks to a new theory of criminal law in which norms of conduct are more important than mere sanctions.