Neutralizzare e rieducare (pari sono, senza la proporzione)

The debate on criminal sanctions is today confined to dead-end dilemmas such as the one involving incapacitation and rehabilitation. Its empirical dimension remains largely unknown due to the absence of impact studies. The theoretical questions on the aim of punishment overlook a serious gap in terms of predictability and uniformity of the proportionality of punishment in our system. Time would be ripe to develop the nomophylactic effort of the Supreme Court of Cassation towards sentencing guidelines inspired by the principle of proportionality.