Quello che è dovuto alla persona

Abstract

The author starts from the observation of an irreconcilability between the principle of justice in general, which is that of suum cuique tribuere, and the principle of criminal justice based on the retributive concept, summarized in the formula per quod quis peccat per idem punitur. The irreconcilability is summarized in the opposition between a perspective of the "subject" typical of the first principle, and a perspective of the "object" typical of the second principle. The author believes that not even the penal theory of emenda can completely satisfy the principle of justice in general and proposes a corrective represented by the maintenance in the criminal field of the extra-juridical theme of mercy, pointing out that this theme, although extra-juridical, also knows a legal solidification at the constitutional level in the institutions of amnesty, pardon and grace.