La risposta al reato e il ruolo della vittima

[Autom. eng. transl.] The opening to the role of the victim, in the sphere of restorative justice tools, reflects an evolution now taking place regarding the way in which the response to the crime should be conceived when sentenced: by consideration that intends to represent its seriousness as a project which aims to intervene on the concrete consequences of the crime, as well as on the fracture in the interpersonal and social relations related to it. The reparative approach assumes, in these terms, a very specific meaning of general prevention, whose characteristics are illustrated. It follows, among other things, that the interest in the reparative dimension lies on a totally different level from that of an unworkable privatization of the penal system, which assigns the victim the dominion over the consequences of the crime. Given these premises, the contribution synthetically reconstructs the system of tools for responding to the crime that can restore centrality to the victim's position: from sanctions of a prescriptive nature, to specific tools for the early definition of the process, to criminal mediation. It should also be noted that the orientation in question favors greater attention to the profiles of primary prevention and to contrast the material interests underlying most crimes.