L'estinzione del reato per condotte riparatorie nel bilanciamento tra mediazione e deflazione
DOI 10.12871/978883318026713 | @ Pisa University Press 2018
Ricevuto: 18 maggio 2018 | Accettato: 23 maggio 2018 | Pubblicato: 28 maggio 2018
The extension to the ordinary judgment of the institute of the restorative measures, as suitable acts to extinguish the crime before the hearing, within the terms prescribed by the art. 162 ter c.p., is one of the most significant innovations of the Orlando reform, both for the new possible procedural outcomes, and for the deflationary purposes strongly connected to this remedy. Starting from the origins of the institute, both in the criminal code and in the juvenile justice system, first, and in the criminal trial of peace, then, is perceived how the institute introduced in ordinary judgment does not seem opportunely easy to categorize among the instruments of realization of the restorative justice. To date, many appear the grey areas introduced by the legislative reform, which, thanks to the acceleration, determined also by the european pressures in terms of reduction of the internal judicial burden and acceleration of the times in the administration of justice, leave to operators of law, wide interpretative margins and applica-tions of the institute.
Percorso di valutazione
Peer reviewed. Certificazione della qualità