Contributo alla descrizione del significato intrinseco della pena tra solidarietà comunitaria e dignità individuale = Contribution about the inner meaning of penalty between social solidarity and individual dignity

Intimidation as the old finality of punishment has abdicated in favour of a more effective form of control in a democratic society: «re-education» as an essential effect of social dialogue with the offender. The need for social reintegration rules can only have a meaning of peace in a democratic society, with the necessary consequence that the social fracture represented by the crime must be recomposed with the proposal of an atonement and reconciliation process. A real project of re-socialization, according to a catalogue of penalties (rectius, requirements), that establish «the steps of the walk of atonement», favoring the communicative moment with recovery of the role of the victim and the use of reparative justice services. It is appropriate to new consideration the investigations on the personality of the offender in order to select the path of social reintegration. Overcoming mutual obstacles (psychologists, morals, etc.) is an officium iuris aimed at developing, in the actors of the conflict, the useful human bases of interpersonal reconciliation, but also to regulatory, in order to ensure the safety of the community.