Diniego di accesso al programma di giustizia riparativa: note critiche in margine a una recente pronuncia della Corte di Cassazione
Denial of access to the restorative justice program: Critical notes in the margin of a recent Supreme Court ruling

Summary/Abstract: The nature of restorative justice in relation to criminal proceedings has always been the subject of significant attention. While its fundamental principles challenge the criminal justice system, this paradigm is complementary to it. Due the strong polarization of reactions to its introduction, the Cartabia Reform could create a conflict between ‘real rules’ and ‘paper norms’, potentially relegating restorative justice to a marginal and disconnected role within the legal system. Such a risk is already evident in a recent ruling by the Court of Cassation, namely in the Baldo Case, where the judges did not recognize the appealability of the denial of access to a restorative justice program. This study will examine that ruling, analyzing the legal reasons for the non-recognition of appealability and subsequent lack of judicial protection for restorative programs. Additionally, the Court’s description of restorative justice as a service aimed at fostering relationships between individuals will be discussed, as it is seen to represent a distorted interpretation of the nature of this new paradigm, potentially relegating it not to a “separate track”, but rather to a “dead-end track” within the criminal process.

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