LO STUDIO DELLE PENE PRIVATE (DALLA SANZIONE AL DANNO PUNITIVO)

Cicero Cristiano

2020-01-01

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Abstract

Even if the figure of private penalty is generally viewed with perplexity, it is undeniable that the Italian legal system already incorporates multiple legal mechanisms that seem to have, a partial or exclusive punitive function. Although the Italian Supreme Court, in its joint session, has stimulated the intervention of the legislator and dictated the rules aimed at precluding an “uncontrolled judicial subjectivism”, this Article analyses how, once again, the Italian judiciary system assumed a pivotal role in the evolution of the civil liability system. Indeed, the concept of punishment in civil settings should not be viewed with excessive mistrust because, if properly regulated, punishment could be the most appropriate instrument to meet the needs of legal situations which are deserving of protection.