Giustizia riparativa e riforma del sistema sanzionatorio penale

In a symposium of four writings devoted to the novelty, on the substantive and procedural levels, constituted by the prominence now attributed, in Italy, to restorative justice programs regarding judicial decisions on punishment and its execution, the present paper reflects on the relationship between this prominence and the legislature's enduring unwillingness to diversify the catalog of main penalties, despite the introduction of new alternative sanctions. It’s highlighted the unprecedented valorization in the penal system of the element represented by dialogue and, in particular, by the restorative outcomes of the dialogue which could be established, outside the trial, between the parties involved in the crime: valorization that is still functional, however, to preventive purposes of public interest and that implies, therefore, the need to exclude any profile of privatization of criminal justice.