Riccardo Battistoni

The offended person between deflattive needs and need for protection

  • Abstract

Informations and abstract

Keywords: Restorative Justice, Mediation, Mediator.

The contribution develops a reflection on the criminal protection reserved to the offended person. Starting from the analysis of Francesco Palazzo in the matter of punishability and a case study of the legal clinic of disability and vulnerability at the Law Department of the University of Turin, we wonder about the role assumed by some institutions in the matter of protection of the victim: the application of punishment at the request of the party and restorative conduct pursuant to ex-art. 162 ter, penal code. If the heavy burden of criminal justice justifies the deflationary nature of the first institution, it will not be possible to reach the same conclusion for the second. The contribution reflects on what corrective measures could be proposed to transform the restorative conducts from an instrument of deflation only to an institution of (true) protection for the offended person, as well as potential pick for the entry of Restorative Justice also in criminal proceedings other than juvenile. The emphasis is therefore on the fundamental role that mediation could play in the field of art. 162b, penal code, with particular reference to the categories of crime “reparableµ, compensation for damage and the role of the judge in the assessment of conduct useful to the catering of the victim.

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