I dialoghi tra giustizia riparativa e procedimento penale nel prisma della ragionevole durata delle procedure giudiziarie

Moving from an observation of the new regulations introduced by Legislative Decree No. 150/2022 and the most recent court rulings on the subject, this contribution explores the areas of interaction between restorative institutions and the main procedural hubs, verifying their deflationary potential and possible interpretations in a systematic-constitutional key. Retracing the polysemic framework relating to the standard of reasonable duration of proceedings, we focus on the need to decline the combination of efficiency and guarantees of criminal proceedings in terms of reasonable efficiency, and the goal of speeding up the administration of justice is anchored to the axiological quadrants set out in Article 111 of the Constitution, finding a dynamic balance within a pluralistic framework of procedural itineraries. In this perspective, the complementary status that governs the relationship between the restorative paradigm and judicial proceedings can be seen as a potential vehicle for procedural diversion mechanisms which, far from being in irreconcilable opposition to the accusatory logic, is configured as a coherent segment of a multi-module criminal jurisdiction, sometimes capable of combining the need to reduce the judicial workload with a flexible approach to treatment, inspired by the personalistic approach enshrined in Article 27 of the Constitution, where the post-delictum behavior of the defendant takes on pivotal importance.