Fraternità e riconciliazione nella giurisdizione penale

In support of the idea that penal jurisdiction aims at reconciliation, two important examples tend to be cited. One is that of the Truth and Reconciliation Commission in post-apartheid South Africa, in which reconciliation is “first of all a political act, the establishment of a neutral space in which various parties meet in favour of justice and reconstruction”. The other is the Italian experience of reform of the penal procedure for minors, characterized by guidelines that place the person at the centre, such as the “the re-educative goal, the minimal injuriousness of the trial, the care of personality and privacy of the minor, affective and psychological assistance”.

In moving towards a change in the current penal jurisdiction, the principle of fraternity can serve as an element that connects the private and public spheres, and offer itself as a political and almost procedural category.