The Victim of Crime Between Oblivion and Protagonism
The Victim of Crime Between Oblivion and Protagonism

Summary/Abstract: The crime doesn’t constitute a bilateral relationship, between the offender and the victim or between the State and the offender, rather is a trilateral relationship, between State, offender and victim. So, no rights of the involved partied should be denied. The victim’s rights and the active participation in the trial can’t be neglected, but the victim-paradigm, which is the result of an emotional criminal law, can’t be abused. It’s necessary to find a difficult equilibrium. Through an historical reconstruction of the condition of the victim and its guarantees in the Italian penal system, we will be able to discover the balance point found today. A new reform in the Italian criminal system accepts the challenge of the restorative justice, which is not only a kind of compensation, but which constitutes a real sanction, overturning the traditional system of punishment.

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