And after the crime? The space for restorative justice?

The International Restorative Justice Week will take place from 17 to 23 November 2024. At Università della Svizzera italiana (USI), this theme is also being highlighted through the efforts of Prof. Annamaria Astrologo, Associate Professor at the Faculty of Economics and co-vice president of the Swiss Forum on Restorative Justice, and Prof. Sara Greco, Associate Professor at the Faculty of Communication, Culture, and Society. In honour of this event, Professor Astrologo has delved into the topic in detail in the pages of the weekly magazine Cooperazione.

Restorative justice encompasses legal, philosophical and socio-psychological approaches. It is, as Professor Annamaria Astrologo explains, "justice that puts the human being and his relationships at the centre." The main tool used by restorative justice is the mediation meeting between the victim of the crime and its perpetrator. "The tools of restorative justice can only be applied voluntarily. It is the individuals involved who consciously and maturely choose to embark on the path of reparation," emphasises Professor Astrologo.
Two additional clarifications are needed: first, regarding the training of mediators, who play a central role in the meetings. Their preparation should encompass not only legal knowledge but also communication and interpersonal skills. Finally, the importance of language must be considered, especially in Switzerland; as Professor Astrologo explains: "Mediators should be allowed to train in their native language, as words hold significant importance in mediation and need to be chosen and used with care". 
The second clarification concerns the focus of restorative justice, which addresses both victims and offenders. The former often do not get complete closure with criminal justice alone. "An increasing number of victims are feeling dissatisfied. Although they have received compensation, they often seek more—particularly answers to questions about why the crime occurred and why it happened to them. Addressing these questions can help prevent feelings of guilt and can assist victims in breaking free from the cycle of crime and the stigmatising role of being a victim, which can leave them with limited alternatives". As far as the offender is concerned, one works instead "from a perspective of resocialisation, of taking responsibility. This also has an effect in reducing recidivism". The aim is to allow the reconstruction of a social fabric that facilitates reintegration. Certainly not, as is sometimes mistakenly thought, to replace criminal justice. "The criminal justice system and the traditional process serve as a guide to determine what is just and what is unjust. Restorative justice complements this by addressing shortcomings in traditional criminal justice, aiming to resolve issues that are often overlooked. By doing so, it enhances the overall effectiveness of the justice system," explains Professor Annamaria Astrologo.

Although, according to some scholars, the origins of restorative justice go back to prehistoric times, it is only since the end of the last century that it has really taken hold. In Switzerland, unlike in other countries such as Italy, restorative justice is not yet provided for in the Criminal Code. However, in 2022, the Federal Council has been instructed to find a way to include this principle.