Breaking the Omertà : Restorative Justice Through the Perspective of Victims and Offenders of Homicide by Mafia-Structured Organised Crime Groups in Italy

• In Event: Restorative Justice in Cases of Serious Crimes

Abstract

The limitations of retributive justice have led to growing interest in alternative approaches to conflict resolution, particularly in the context of juvenile crime. In Italy, restorative justice practices emerged in the 1990s outside traditional legal frameworks. Their institutionalization took a major step forward with the “Legge Cartabia” of 2022, which officially recognized restorative justice and introduced the role of penal mediators.
Despite this recent development, restorative justice remains largely absent in cases of organized mafia crime. The trauma of the violent mafia conflicts in the 1990s, combined with media sensationalism, has reinforced a punitive approach. The Italian legal system imposes severe penalties, including life imprisonment and the restrictive 41bis prison regime, limiting the possibilities for dialogue between offenders and victims.
This study explores the personal experiences of individuals who have participated in restorative justice processes in the case of mafia homicides. Using a qualitative approach, I conducted semi-structured interviews with perpetrators and family members of the victims. Given the restrictive nature of access to prison, particularly under the 41bis and AS1 (high security) regimes, interviews with inmates were conducted by written correspondence, with the help of various gatekeepers.
A thematic analysis of these narratives provides insight into the challenges and possibilities of restorative justice in the context of organized crime. Furthermore, organized crime, environmental crimes, and white-collar crimes remain largely excluded from discussions on restorative justice. Since the offenses committed by various Italian Mafia organizations fall within these three categories, this study aims to introduce new perspectives on the subject. By shedding light on these experiences, this research contributes to the discourse on justice reform and the potential for reconciliation in highly securitized legal systems.

Author

• Emma Véronique Salvina Conti, University of Hamburg