Rehabilitation and Restorative Justice in Italy: Themes, Methods and Experiences in Adult and Minors Criminal Law Systems

The chapter examines how probation serves as a tool for rehabilitation and explores its potential for restorative justice. Scivoletto discusses the legal framework surrounding probation, including international recommendations and Italian legislation, emphasizing its role in reducing recidivism and promoting public safety. In Italy, probation, known as “Messa alla prova” (map), is applied both before and after judgment for adults and minors, aiming to prevent imprisonment’s negative effects while promoting responsibility and rehabilitation. The chapter highlights the introduction of map for adults in 2014, primarily to address prison overcrowding, and its subsequent implementation alongside community service. The map for minors, established in 1988, includes educational projects and restorative measures aimed at repairing harm and reconciling minors with victims. Scivoletto explores the outcomes of map, noting its positive impact on crime reduction and offender accountability. However, challenges such as unequal application and standardization of projects are identified. The chapter presents results from a research program conducted in the Emilia Romagna Region, offering insights from social workers, defendants, and defense counsels. Despite positive perceptions of map, concerns arise regarding its effectiveness in meeting rehabilitation and restorative goals. Collaboration between professionals and judicial institutions, especially judges, emerges as an area needing improvement. Furthermore, Scivoletto discusses the need for the integration of restorative justice practices within map, emphasizing the importance of victim involvement and the establishment of restorative justice centers. The chapter concludes by highlighting the ongoing challenges in implementing restorative justice reforms and the imperative for continued research and institutional support in this area.