Il modello riparativo di giustizia: la sfida «impossibile» dell’applicazione ai reati di mafia
The restorative model of justice: the “impossible” challenge of applying it to mafia crimes

Summary/Abstract: The principal topics of this paper are 1) what means restorative justice, 2) what the enforcement within the Italian criminal law, 3) how many Italian and international experiences, 4) the Mafia behavioural and relational patterns, 5) the impossible challenge between Mafia and restorative justice model. Restorative justice is new lens for criminal justice where focus is no more the offence and the offender, but the victim. It follows a new phase of the criminal law enforcement, new phase with new goals, actors, methods and procedures. The application of international experiences on restorative justice are often regulated by specific acts while in Italy there is not yet an appropriate legislation. But is it possible to conciliate restorative justice principles with mafia values? Is it possible to conciliate interpersonal relationships and violence, empathy and abuse, responsibility and disengagement? The Mafia offences are regulated in Italy by a specific legislation that excludes the mafia offenders by correctional treatment and rehabilitation and reinforces the offender mafia identity. Finally problem is if it is possible the building of a new identity for mafia offender and his human an social development involving community resources.

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