Sviluppo ambientale sostenibile e tutela penale: la (non) sanzione positiva

Both the criminal policies oriented towards values and the allover sustainable development of criminal law represent two sides of the same coin. Indeed, within such methodology, the protection of development sustainability of criminal law funnels through the quest for something better than criminal law itself. It is only in this way that the irrational uneffectiveness of symbolic criminal law will be able to inspire the curtailment of the criminal offense as a ‘risk’ for the individual. This can be achieved through the use of positive (non) sanctions, beyond the subsiadiriety of incrimination, in the space between the so-called "third way" and restorative justice. In this sense, a rewarding system inclined to the objective fact and the offence will non be restrained to merely implement the most severe sanction, or better to actually escape from it. Such rewarding system will instead find ways to establish legality by encouraging, with positive sanctions, the reemergence of concealed unlawful actions. In other words, it encourages the use of integrated models of prevention through the organization of criminal law.