Restorative justice, no can be appealed

Yes to the appeal against the substantive decision rejecting the request for access to a restorative justice programme. This was clarified by the United Sections of the Supreme Court in Judgment 5166. The ruling emphasises how the appeal is possible with the appeal or with the appeal to the Supreme Court with the sentence that concludes the relevant degree and regardless of the procedural regime.

The ruling, the first of the United Sections on the institute introduced by the Cartabia reform of the criminal trial, on a legal level recognises the jurisdictional character of the decision on sending a person to a restorative justice centre (the Ministry of Justice has just announced the opening of 36 centres in the country) and the possibility of challenging the negative judgement even in the absence of a specific provision providing for it.

Instead, on the level of legal policy, the United Sections highlight how restorative justice is entirely consistent with the constitutional imprint of punishment and the rehabilitation of the convicted person. "The dialogical encounter between the offender and the victim, or even with members of the community," reads the ruling, "realised through the restorative pathway marked by mediators, can in fact prove to be a concrete tool for implementing Article 27, third paragraph of the Constitution".

This facilitates the offender's understanding of the harm produced by his conduct by ensuring his responsibility and, at the same time, the reconciliation with the victim leads to an effect of 'social pacification'.