Le forme della verità nel sistema penale e i loro effetti. Giustizia e verità come «approssimazione»

[Autom. eng. transl.] The volume reflects on the limits that characterize the reconstruction of the truth in the criminal trial and on the conditions that can make this reconstruction "truthful" with regard to the interpersonal and social relations involved in the crime. It should be noted, in particular, that non-reductive access to the "truth" of the fact of crime can only be achieved in a dialogical context, as is made possible by the tools of restorative justice. Of such an innovative approach to the issue of truth - a theme whose significance is re-evaluated in the criminal sphere - the strategic importance is emphasized for the purposes of a preventive strategy aimed at favoring adhesion by consensus to respect the rules, rather than to objectives of deterrence and neutralization. In this context, the limits that the current system of penalties is based on the penalty intended, at the time of the conviction, as the consideration for the crime are considered. Furthermore, the problem concerning the "correspondence to the truth" of the dogmatic categories and, in particular, of the subjective element is faced, highlighting the existence of a real emergency referable to the high degree of uncertainty of the probative profile.