Abstract
The aim of this study is to investigate the institution of the “probationary period” for juvenile offenders in Italy, after the suspension of criminal proceedings. The aim of this alternative measure to detention is to re-educate and resocialise minors who have entered the criminal circuit, avoiding traumatic contact with prison and the reiteration of criminal conduct. The data collection was carried out through the cooperation of the Italian Juvenile Service Offices and the Ministry of Justice. The statistical method used Mathlab R2020b made it possible to process data from 2010 to 2020 to quantify criminal conduct, types and specificity of offences committed by Italian and foreign minors (both male and female), as well as to verify the effectiveness of probation. The positive results exceed 80% and demonstrate the effectiveness of the “probationary period” instrument in the process of re-education and re-socia- lisation of juvenile offenders.
Highlights
The aim of this study is to investigate the institution of the “probationary period” for juvenile offenders in Italy, after the suspension of criminal proceedings
Caraccioli (2018) outlines the juvenile entry phase into criminal circuit, which begins with the drafting of a report by the judicial police containing the news of the crime; the start of the process is the consequence, of the arrest, the detention, or the “complaint on the loose”
The fourth and last objective was to investigate, after the “probationary period” the percentages of juveniles, who, followed by Social Service, complied with the re-education programme and which led to the termination of the trial, having achieved a positive result in terms of modification of their personality, awareness of previous experiences of deviance, positive future intentions of compliance with social and legal rules (Figure 4)
Summary
Caraccioli (2018) outlines the juvenile entry phase into criminal circuit, which begins with the drafting of a report by the judicial police containing the news of the crime; the start of the process (during which the minor will still be followed by Social Services) is the consequence, of the arrest, the detention, or the “complaint on the loose”. Within the first forty-eight hours, the Public Prosecutor asks the Judge for Preliminary Investigations (G.I.P.) to validate the arrest (detention or accompaniment). The Judge for Preliminary Investigations (G.I.P.) can validate or not the arrest by ordering the application of a precautionary measure among those provided for by Articles 20-21-22-23 of the Presidential Decree 448/88 or the release. The purpose of non-custodial precautionary measures is to promote the social reintegration of the minor. Through their intervention, the Social Services support and monitor the minor, provide the judge with further elements for the assessment of the case; clarify to the minor and his family the meaning of the measure, witness the evolution of the minor and the activated processes of change (Ciaschini, 2012). The precautionary measures (Giostra, 2016) referred to in the D.P.R.448/88 are: prescriptions (art. 20), home detention (art. 21), community placement (art. 22) and pre-trial detention (art. 23)
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