Giustizia riparativa e white-collar crimes: il reintegrative shaming come nuovo metodo di gestione della criminalità economica
Restorative justice and white-collar crime: reintegrative shaming as a new method of dealing with economic crime

Summary/Abstract: The contribution aims to assess the applicability of restorative justice methods with respect to white-collar crimes. These offenses have several peculiarities, which greatly accentuate the inefficiencies which generally affect the traditional criminal justice system. With reference to whitecollar crimes, therefore, it becomes even more urgent to move to a new system of crime management, and restorative justice methods seem particularly well suited for this purpose. Indeed, restorative justice offers tools in line with the characteristic features of white-collar crimes. Various reasons underline the appropriateness of such tools: for instance, the flexibility of restorative methods makes it possible to tailor the sanctioning response to the particular intangible legal asset that comes to the fore. The applicability of restorative justice to white-collar crimes requires, in particular, the application of the reintegrative shaming theory; that is, the rediscovery and, at the same time, the reinterpretation of the concept of shame in our criminal justice system, so as to interpret it not only and not so much as a general and special prevention tool, but above all as a tool for social reintegration. Such an approach can adduce benefits not only from an ethical point of view (referring, that is, to the adequate consideration of the human aspects of the criminal case), but also a pragmatic one (obtaining a concrete decrease in criminal phenomena).

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