La giustizia riparativa e due nodi da sciogliere: il mancato avviso sull’accesso ai programmi e l’impugnabilità del diniego al loro avvio

Abstract

After the so-called “Cartabia reform” established a close connection between restorative justice and criminal proceedings, several interpretative questions emerged. Two of them reached a central position, in the frame of case-law intensive evolution. The first point concerns information on possibilities to participate in restorative justice programmes. It should be provided by judicial authority in the context of many procedural activities, however the consequence of the lack of such information is not clear. The second point pertains to the availability of instruments, in order to challenge the judicial rejection of defendant’s request to access the mentioned programmes. The problem was not faced by the legislator and its solution is currently under debate. Beyond their specifical and technical aspects, both points involve key issues related to restorative justice in criminal matters.