The juvenile justice system: a truly person-centred system

Issue 3/2021

Abstract. The juvenile justice system is a peculiar system, complex and strongly characterized by the specialization of its operators, which places the subject in evolutionary age at the centre of any reasoning and which uses the “tools” at its disposal according to intentions that are more of prevention, protection and treatment of the person than of contrast, limitation and repression of his/her deviant and/or criminal behaviour. Among these tools, there are some, used in civil (also called administrative) proceedings, which are a valuable resource for minors in difficulty, even when they are perpetrators and/or victims of deviant or criminal behaviour.

This article was submitted anonymously for evaluation by two expert reviewers, with a positive outcome.

SUMMARY: 1. Criminal justice models, human sciences and the applicative spaces of criminology. – 2. The juvenile justice system: a specialized jurisdiction, promiscuous, operating in the pre-eminent interest of the minor. – 3. Re-educational measures for juveniles: application prerequisites, typological distinction, characteristics of content and duration. – 3.1. Re-educational measures in relation to criminal proceedings. – 3.2. Re-educational measures in relation to civil proceedings. – 3.3. Re-educational measures for crime victims. – 4. Some concluding considerations, albeit partial and provisional. – 4.1. First consideration: on the effectiveness of administrative procedures. – 4.2. Second consideration: on the numerical relevance of administrative procedures. – 4.3. Third consideration: on the legitimate nature of administrative proceedings.

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^[1] Il presente contributo, ampiamente rivisto e rielaborato, prende spunto dall’intervento effettuato, come relatore, all’evento organizzato e promosso dall’Ordine degli Avvocati di Milano e dalla Scuola forense di Milano in data 14 dicembre 2020 dal titolo «Minori a rischio: interventi civili e penali della giurisdizione specializzata. La tutela dei minori davanti al tribunale per i minorenni».