La rinuncia alla pena nel sistema minorile: il perdono giudiziale e il vincolo dello scopo

The article focuses on the assumptions of legitimacy of non-punishability for judicial forgiveness, starting from its historical origins and highlighting the risk that the it could be left to the discretion of the individual judge, thus ending up at the borders of the constitutional system. It is therefore proposed to borrow, also for judicial forgiveness, the requirements established by the doctrine for other forms of clemency, and therefore to re-establish the cause of non-punishability consistently with the educational function that punishment must perform in juvenile criminal proceedings.