Le sfere mobili della “penalità” e l’avvio di riforma del sistema sanzionatorio italiano

Recent Italian reforms in the field of criminal law, especially aimed at introducing alternatives to the traditional criminal sanction (jail) are discussed. The article focuses on the methods required for enforcing such reforms, which, to be really driven by the “ultima ratio” principle, need an understanding of what is required for the practical application of the devised "models" (including awareness about the ability of various measures to motivate people to compliance), as well as the care in preserving the balance between protection of public and private interests. Thus simple “linear” decriminalisations based on the sheer size or type of current sanctions are not suitable for durable and effective results