Restorative Justice System in Italy

The report on Restorative Justice in the Juvenile Criminal System National Survey on Effects, Programmes and Services, published in October 2023, mentions that Italy’s engagement has increased manifold in recent years, leading to the approval of a comprehensive legislative reform that incorporates restorative justice. The document mentions Legislative Decree no. 150 adopted on 10 October 2022 which made the issue of restorative justice radically relevant, as for the first time Italy was provided with an organic discipline on this matter. Article 42(1) of the decree states what falls under the restorative justice umbrella: “any programme enabling a victim, the offender and other members of the community to participate freely, consensually, actively and voluntarily, to the resolution of issues arising from the offence, with the help of an impartial, adequately trained third party called a mediator.” However, the report suggests that even before this legislation, the Italian Juvenile Justice System in 2021 handled victim–offender mediation cases.  This illustrates how restorative justice techniques are used in the juvenile setting, mostly as a component of rehabilitative or alternative measures. 

The report also mentions that victim-offender mediation is one of the main models used in Italy as one of the earliest restorative justice initiatives. The mediation is conducted by specially trained impartial professionals who aim to initiate meaningful dialogue between offenders and victims. The restorative justice system is not limited to victim offender reconciliation but also entails other methods like conferencing or ‘restorative dialogue’ where a number of conflict-related parties, such as family members and community representatives, are brought together for a restorative discussion. The UN Handbook on Restorative Justice Programmes mentions that  contrary to victim-offender mediation, restorative conferences—like community conferences and family group conferences—involve more parties than just the  main victim and the offender. In the conferencing model, an unbiased third party serves as the conference facilitator, bringing together other individuals impacted by the offence, including friends, family, community representatives, and, depending on the model, the police or other professionals.

Another restorative justice practice that stands out is the so-called “circles”. The Handbook on Restorative Justice Programmes mentions that indigenous people have traditionally used talking circles for decision making, spiritual ceremonies, healing, sharing and teaching and this process has been adapted to the modern criminal justice system which has led to positive solutions. The Ministry of Justice's Department of Juvenile and Community Justice plays an important role in the coordination of these programs in terms of institutional cooperation. 

According to the report, despite all the positive outcomes of such initiatives, the restorative justice system in Italy faces a lot of challenges  such as: a widespread regional disparity in the availability of services; inconsistent funding and resource allocation; and professionals lacking proper awareness and training. Thus, it can be understood that restorative justice in Italy is an evolving yet promising practice. A survey carried out across 26 Court of Appeal districts provides an updated map of restorative justice services in Italy which focuses on juvenile justice. Out of the 36 centres, most centres have over 10 years of experience, and nearly all deliver services district-wide. The Department of Juvenile and Community Justice is responsible for funding primarily. The Cassa delle Ammende and regional funds provide secondary support. More than 80% centres provide mediators with training via internal supervision, seminars, or accredited courses. There are many different ways to raise awareness, such as through public gatherings, websites and documents. Nearly all centres take part in regional and local networks to manage individual cases and coordinate restorative justice initiatives. These alliances demonstrate the growing significance of cooperation in this area by assisting in the definition of broad action criteria and fortifying operational plans.

Effects of Restorative Justice on Juvenile Offenders, Victims, Families and Communities

For the offenders, restorative justice provides them with a space where they can express themselves and go beyond guilt and shame constructively and offers peace of mind, while making them aware of the harm they are responsible for. Restorative justice opens channels of communication between the offenders, victims and families which leads to mutual respect and understanding. Mediation allows for a better understanding of the harm caused and the rights protected by society, it presents a chance to explore an alternative to the punitive approach to justice in its broadest sense. The survey carried out, states that participants (offenders, parents, and practitioners) feel relieved and can look in the eyes of people which comes from the attainment of peace of mind. The latent sense of guilt leads to a person not being fully aware of the harm offenders cause to the victims and the restorative justice helps them to identify the consequences of their actions, personify the victim which creates a sense of empathy, and dismantles preconceived notions of the nature of the crime committed. It leads to self-conciliation and accountability. Changes have also been witnessed in the way the offenders look at themselves and improve their social relationships. Additionally in the survey, participants praised the simplification and humanisation of judicial processes.

Restorative justice also helps those who have been harmed due to the offense. It helps the victims to feel seen, acknowledged, and listened to. Traditional justice mechanisms fail to offer this. The report acknowledges that the experiences of victims are personal and unique and cannot be generalised. The victims undergo important changes on emotional levels when they meet the offenders. It helps them overcome pain, fear, guilt and shame. It helps them overcome the sense of powerlessness and instills a positive self-judgment. Victims better understand why the offense occurred after hearing directly from the offender. This leads to a sense of relief and control as it helps victims overcome the desire for revenge and restores their sense of belonging. However, mediation can have negative effects if the victims' experiences are disregarded or belittled. Despite this, restorative justice provides a human-centric alternative to punitive justice by mending relationships and encouraging active participation. 

Families and communities are the third players in the process who often go overlooked. Restorative justice has left a significant impact on families and the broader community. Mediation helps families of both the victims and offenders to regain inner peace and come to terms with the incident. The report mentions how mediation helps parents overcome the sense of guilt they carry within, whether it was for their children’s misconduct. Mediation made it possible for parents to have more open discussions with their children, which helped them learn about unanticipated aspects of their kids they were unaware of and to recognise the struggles the kids had faced. It provides families with a platform for dialogue, relief, and participation in place of abandonment. 

Developing Informed Public Policies on Restorative Justice

Restorative justice has positive effects on victims, families, communities and offenders by providing a space for mediation, pacification, and dialogue. Participation must be informed, confidential, and not imposed. It is important to include victims as it allows them to heal by providing a platform where their experiences will not be belittled. The report mentions the key legal and ethical frameworks according to which the restorative justice for children should be framed: the ‘best interest’ principle contained in the 1989 Convention on the Rights of the Child (UNCRC);  Council of Europe’s Guidelines on Child-Friendly Justice (2010) that encourage the creation and implementation of child-specific restorative justice procedures, emphasising that these must be safe, voluntary, and considerate of the young person's developing abilities and dignity. It offers the young offenders the space for healing, empathy-building, and active accountability. 

The report also mentions that in order for restorative justice to work, the mediator should be impartial and generational dynamics should be respected. Involving families of both the offenders and the victims helps in emotional processing and resolves intra-family tensions. A broader community like friends, peers, NGOs and witnesses enhances social bonds and helps make amends. Proper training should be provided to mediators as well as all juvenile justice professionals to ensure effective communication and knowledge. Restorative justice should be promoted in schools, universities, prisons, and public institutions. The report emphasises that broad cultural acceptance is key to making restorative justice widely accessible and effective across Italy.