La pena tra necessità di strategie preventive e nuovi modelli di risposta al reato

Translated title of the contribution: [Autom. eng. transl.] The punishment between the need for preventive strategies and new models of response to the crime

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Abstract

The paper critically analyzes the reasons that have not allowed, up to now, to extend the range of main sanctions provided for in the Italian penal code. In this, it’s recognized, highlighting its inadequacy at preventive level, the persistent anchoring to a vision of punishing in terms of equivalent with respect to the guilty fact. Hence the proposal, instead, for a sanctioning model with a project nature, which implies the introduction of prescriptive sanctions but also influences traditional sanctions: fostering new methods of prevention, for example with regard to negligence crimes. On this basis, the delegating law n. 134/2021, redefining the ways to substitute the sanction in the conviction sentence, uses however only substitutive sanctions arithmetically determined and therefore excludes the prospected, truly innovative, inclusion, among them, of probationary entrustment to the social service. Although with the addition of an important opening, to be concretized, to the relevance of the paths of restorative justice.
Translated title of the contribution[Autom. eng. transl.] The punishment between the need for preventive strategies and new models of response to the crime
Original languageItalian
Pages (from-to)823-854
Number of pages32
JournalRIVISTA ITALIANA DI DIRITTO E PROCEDURA PENALE
VolumeLXIV
Publication statusPublished - 2021

Keywords

  • esigenze delle vittime di reato
  • legge delega n. 134/2021
  • prevenzione penale dei reati
  • sistema sanzionatorio penale italiano

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