Su violenza e diritto penale

[Autom. eng. transl.] The author, starting from Christie's reflection according to which it is necessary to reject the violence of the penal sanction to overcome the reasons that led to the conflict between victim and offender, questions the traditional theories of punishment that start from the assumption of the right as a manager hegemon of legitimate force, as "oligarch of violence". An effective criminal policy must promote the consent of the citizens to the prescriptions of the State, rather than an obedience obtained through the fear of the sanction. The response to the crime must give rise to a two-way relationship: not to retaliation but to a project, with which the offender returns something to the company in terms of responsibility, but at the same time receives significant resources for its future. From this point of view, the practices of restorative justice can be useful to achieve the authentic objective of the criminal law which is not to inflict the sanction, but to regain the consent with respect to the rules transgressed. This also leads to a correct secular conception of forgiveness, which implies the renunciation of vindictive practices and the availability of the offender's social reintegration.