[Penal deterrents and benefits of clemency: marginal notes on research].

Abstract

The article refers to a volume recently issued by the Criminology Department of the National Centre for Prevention and Social Protection, which illustrates the results of some research carried out in order to verify the effects, if any, of the application of the benefits of amnesty and free pardon (not infrequent in the history of Italy) and of the application of the benefits of mercy, on recidivism. Although the research is focused on the formal figures of sentences of punishment, an attempt has been made to reach indicative conclusions based on the behaviour of those to whom these benefits were granted, in order to discover whether their application has reinforced or weakened the crimino-resistance of the subjects. The indications found in the examination lead to the conclusion that those who are predisposed to a certain type of delinquency, greater or lesser, (for example, towards crimes against the patrimony, especially if recidivous) continued to commit crimes at the same rhythm, or even in some cases at a greater rhythm, while those who may have fallen only rarely into crime (particularly women) tended to relapse less into crime. This is the case also with pardon, although in this case the benefit is individualized and conceded generally as a consequence of favourable prognostic evaluations. It is interesting to note that each time a general measure of amnesty or pardon is issued, the percentages of criminality are increased. The article brings these results to the attention of the reader, as material for reflection on the efficacy of reinforcement of the measures of pardon, with respect to the penal system.