La punibilità quale quarto elemento del reato e la cd. Giustizia riparativa: una introduzione con riferimento alle recenti riforme italiane
Punishability as the fourth element of the offence and so-called restorative justice: an introduction with reference to the recent Italian reforms
Giovanni Cocco · 2023
Openly licensed work: you can read and download it here.
Summary
Presents punishability as an autonomous element of the theory of crime in Italian criminal law, starting from the objective condition of punishability (art. 44 of the Criminal Code) and from the grounds for non-punishability arising after the act, including those linked to reparative conduct. In the final sections it distinguishes this category from restorative justice, reviews the institutions of the recent Italian reforms that are associated with it, such as the suspension of proceedings with probation, and argues that mediation and reparation should have a limited role, reserved for minor offences between people with a close relationship. Useful for those who study the relationship between criminal law doctrine and restorative justice in Italy.
Topics
Used on the campus
Details
- Authors
- Cocco, Giovanni
- Year
- 2023
- Publisher or source
- Revista Científica do CPJM, v. 2, n. 8 (2023), pp. 62-82
- Type
- Article
- Language
- Italian
- Jurisdiction
- Italia
- Licence
- CC BY
- DOI
- 10.55689/rcpjm.2023.08.003