La necessità di rivedere il trattamento penale dei minori in “messa alla prova”. Effetti perversi di una legalità formale.

Since 1988 with d.p.r. 448, a regulatory device has been introduced in our country which as inspired and regulates the strategies and policies of intervention in relation to juvenile deviance. For different reasons, criminal welfare is implemented in distinct ways between the regional divisions, producing different local emergencies and different approaches in the case of foreign or indigenous minors. Criticalities also emerge from the regulatory provision whose model of inspiration (juvenile probation) manifests limits and the need for revision. The paper presents the results of a research whose quantitavive-qualitative methodological structure reveals the presence of some perverse effects and the underestimated risk of juvenile recidivism rate with the consequent underestimation of the reproduction of serious deviant models that persist and they spread among young people, especially in many southern regions already characterized by mafia-type criminal embeddednes.