La risposta alla devianza minorile tra istanze punitive ed esigenze educative

Overview & Synopsis

From the most recent interventions by the Italian legislator in response to juvenile delinquency, a tendency emerges to prioritize social security and public reassurance over the protection of the best interest of the child, in light of a “feared” increase in juvenile crime. This trajectory—consistent with criminal policy choices more generally adopted for adults—contrasts with constitutional and supranational principles that have long required the specificities of the juvenile micro-system to be considered. A critical and systematic investigation, focusing on the latest reform measures, reveals a contradictory normative “archipelago” skewed toward purely punitive approaches, as demonstrated in particular by the current regulations on preventive measures and the amendments made to Presidential Decree no. 448/1988. This makes a comprehensive systemic rethinking of the multiple measures applicable to delinquent minors increasingly necessary, including the perspective of introducing a renewed and specific sanctioning framework. The study therefore proposes the coordinates for a possible reform that would address both penal and para-penal responses to juvenile delinquency—even in its most serious forms—guided by the fundamental criterion of the superior interest of the minor, while also enabling the potential of the restorative paradigm in this context, thus creating a “system” oriented toward genuinely educational purposes.