[Autom. eng. transl.] The contribution criticizes the traditional idea according to which the effects of the post-delictum punishment, in terms of general and special prevention, should be displaced, avoiding any empirical verification, in the uncertainty of the future: a model opposed to a response to the crime that comes to constitute hic et nunc, through its own contents, a significant fact on the field of prevention: especially with regard to the need to compose the fracture that the crime represents in the report of the author with the possible victim and with the whole society. In this sense it is asserted as the fulcrum of prevention - firm the necessity of an interdisciplinary political-criminal strategy (indeed totally lacking) and of a serious contrast of the utilities deriving from crime - must be sought in the capacity of the juridical order to maintain high among the associates, also through the penal norms, the adhesion to the legality for personal choice: recognizing consequently the art. 27, third paragraph, of the Constitution as a strategic rule of the penal sanction system, according to the perspective of a general reinstatement prevention. On this basis, concrete proposals are outlined for a redefinition of this system that takes on design characteristics, instead of the remuneration logic of a measured penalty. With specific attention also for the often-neglected area of sanctions that will remain custodial, in order to avoid, even with respect to more serious cases, areas of disinterest in the possibility of recovery, which would result in a loss of preventive chances for the whole order. Furthermore, some guidelines are formulated for the demarcation of the sanctioning intervention in criminal matters and for the revitalization, in the same field, of a correct relationship between legislative provisions and judicial competence.
|Translated title of the contribution||[Autom. eng. transl.] "Manage" the fact of crime. Uncertain prospects of release from the "retaliation" penalty|
|Title of host publication||La pena, ancora: fra attualità e tradizione. Studi in onore di Emilio Dolcini|
|Editors||C.E. Paliero, F. Viganò, F. Basile, G.L. Gatta|
|Number of pages||28|
|Publication status||Published - 2018|
- giustizia riparativa
- riforma del sistema sanzionatorio penale