The role played by victims in juvenile criminal proceedings is unquestionably a marginal one. The reformation brought about in respect of the laws applying to juveniles, following adoption of Presidential decree no. 448/1988, afforded enhanced room for social interventions and stressed the educational role to be played by prosecution as compared with the objective of punishing and suppressing crime; however, it failed to take due account of the role played by victims. The individuals suffering the prejudicial consequences of the minor's criminal conduct actually do not play any active role in the course of a judicial proceeding. In the first place, the victim is unable to claim damages, which means that the criminal sentence passed by the Juvenile Court is not regarded as a res judicata in a civil action for damages and reparation (section 10 of the Presidential decree no. 448/1988). This is aimed at preventing the safeguards introduced in criminal proceedings against juveniles from being jeopardised by the stigma potentially arising out of a private litigation; however, the ultimate consequence is that victims are markedly disadvantaged because after being injured they are deprived of any and all opportunities for claiming compensation.
Secondly, the criminal proceeding is basically non-public, which means that the participation of victims is quite limited - indeed, they are summoned to make their statements as witnesses, often in a very concise and hasty manner, whereupon they are kept off the proceeding to be summoned again in connection with the pre-trial hearing.
Generally speaking, victims only take part in a few stages of the criminal proceeding. They are heard by the judge with a view to a decision on no case to answer because the facts at issue do not amount to a criminal offence (section 27(2) of Presidential decree no. 448/1988) and are entitled to be served a notice of the pre-trial hearing (section 31(3) of Presidential decree no. 448/1988). Finally, they may (not must) be heard if the judge orders that mediation and reconciliation actions be carried out jointly with the offender on probation (section 28(2) of Presidential decree no. 448/1988).
The manoeuvring room afforded to victims is on the whole rather limited. Out of all the prerogatives granted to them, the only one that is significant is exactly the possibility to re-create - via reconciliation actions - a relationship with the defendant and claim reparation for the damage suffered. However, this is just a possibility rather than an actual obligation....
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