This essay examines the evolution and current challenges of the suspension of proceedings with probation (messa alla prova, MAP) in the Italian juvenile justice system (Presidential Decree 448/1988, Article 28). Drawing on critical literature and a comparison with the U.S. model, MAP emerges as a distinctly educational and restorative instrument within the Italian context. However, recent legislative reforms (Cartabia reform and the Caivano Decree) raise concerns regarding the restriction of access to MAP in cases involving serious offences and the potential reinforcement of punitive and security-oriented approaches. The analysis is situated within the broader framework of welfare transformations and the increasing risk of juvenile carceralization, in a context marked by social inequalities and territorial fragmentation. The study emphasizes the need to safeguard the educational mission of juvenile justice through integrated and inter-institutional approaches.
Specificità e crisi della giustizia minorile italiana: la messa alla prova tra educazione, welfare e sicurezza
Maria Pia Castro;Deborah De Felice
2026-01-01
Abstract
This essay examines the evolution and current challenges of the suspension of proceedings with probation (messa alla prova, MAP) in the Italian juvenile justice system (Presidential Decree 448/1988, Article 28). Drawing on critical literature and a comparison with the U.S. model, MAP emerges as a distinctly educational and restorative instrument within the Italian context. However, recent legislative reforms (Cartabia reform and the Caivano Decree) raise concerns regarding the restriction of access to MAP in cases involving serious offences and the potential reinforcement of punitive and security-oriented approaches. The analysis is situated within the broader framework of welfare transformations and the increasing risk of juvenile carceralization, in a context marked by social inequalities and territorial fragmentation. The study emphasizes the need to safeguard the educational mission of juvenile justice through integrated and inter-institutional approaches.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.


