The (Dis)Proportionate Punitive Response to Peaceful Environmental Dissent in Contemporary Criminal Law

Abstract

In recent years, Italy has witnessed a growing tendency to employ criminal law as a means of controlling dissent - particularly environmental dissent - even when expressed in peaceful and constitutionally protected forms. Recent legislative amendments have created a clear imbalance between the (alleged) harmful disvalue of certain forms of dissent and the severity of the criminal sanctions imposed. These questionable criminal policy choices raise serious concerns regarding compliance with the principle of proportionality in criminal law and, more fundamentally, with Articles 17 and 21 of the Italian Constitution. The paper argues for the need to restore criminal law to its role as an extrema ratio, favoring, whenever possible, the use of non-criminal measures aimed at fostering dialogue and debate within a democratic system.