Shadows and Lights in Italian Criminal Policy, in an Era of Perpetual Emergency

By Alessandro Bernardi
English

An analysis of the Italian criminal legislation of recent decades reveals the existence of a number of very different responses to criminality. As regards the most serious criminal emergencies (terrorism and Mafia most of all), the legislator has often opted for a repressive policy, thus increasing the risk of a return to a barbarian punitive law. Only white collar crimes and political offences have been treated very leniently. However, beyond the criminal policy enforced to face emergencies, several reforms have been enacted in Italy inspired by the idea of a “criminal law in minimum terms” (laws softening criminal sanctions, depenalising laws) and by the idea of “restorative justice” (juvenile criminal law, law introducing a competence of the “Giudice di pace” in criminal matters).

Keywords

  • ITALY
  • CRIMINAL POLICY
  • CRIMINAL LAW
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