Compensation in Criminal Sentences: An Analytical Look

The book seeks to analyse the legal provision (art. 387, item IV, of the Code of Criminal Procedure, inserted by Law 11. 719/2008) that determined that the criminal judge should set a minimum compensation for the victim as reparation for damages. Criminal law is often so concerned with the figure of the defendant that it establishes measures to prevent, punish and re-socialise them in society. On the other hand, the figure of the victim remains forgotten, with the after-effects and marks left by crimes that can never be forgotten. However, has this provision succeeded in giving greater visibility to these victims by setting a minimum amount of money for psychological treatment? And can the actions of members of the judiciary influence how these issues are dealt with? The treatment with respect for the dignity of the human person guaranteed to the accused and the fairness of the reparation of damages to the victim and their family members, who just want to look at the sunset as it is, is in question. Therefore, the victim's cry is that their anguish and sadness should weigh heavily when it comes to setting compensation, following what we call integral guarantorism.