L’oscillazione tra l’abolizionismo e l’espansione incongrua del diritto penale

Abstract: The Oscillation between Abolitionism and the Incongruous Expansion of Criminal Law

The Author highlights the contradictions in contemporary criminal justice systems, which are theoretically drawn to abolitionist ideas but, in practice, lean toward expanding State punitive measures. This reflects an approach that positions criminal law as the primary means of addressing social conflicts. The Author points out that abolitionist theories distance criminal law from reality, as in a dystopian world, creating criminogenic effects, as demonstrated by the rise in crime rates in countries that have adopted these perspectives. At the same time, the Author critiques overcriminalization, which stems from utilitarianism and materialism, disregarding both the moral value and the cost inherent in the suffering caused by punishment. Finally, drawing on the philosophy of Giambattista Vico, he calls for a return to justice as the true foundation of criminal law, according to Vico’s thought: Utilitas occasio, honestas est caussa iuris et societatis humanae.