Autore: Senaldi, Alessandro
Titolo: Una radiografia dei “processi No tav”
Periodico: Studi sulla questione criminale
Anno: 2025 - Fascicolo: 1 - Pagina iniziale: 43 - Pagina finale: 68

The No Tav movement and the Tav/Tac project have been extensively documented through numerous movies, publications, and public discourses. Despite this extensive literature, there remains a need for a more empirically grounded data. Moreover, most studies, even qualitative ones, are based on analyses of specific laws or prominent judicial cases. This article addresses this gap by presenting an empirical-quantitative analysis of legal proceedings against No Tav activists from 2005 to 2016. This analysis covers various aspects, including preliminary investigations, charges, precautionary measures, trial phases, and sanctions, aiming to test and expand existing theories on the penal repression of the No Tav political activists. The findings reveal that the legal system adopts harsher measures than usual, using legal instruments for indirect purposes, which causes a degenerative effect and erosion of procedural guarantees. For instance, the misuse of the concept of complicity leads to extended liability and criminalization, while the improper use of precautionary measures anticipates punishment and incapacitates defendants before trial. Additionally, the study shows a faster-than-usual processing of cases, with first-degree trials being up to 2.5 times quicker than the national average, reflecting a performative penal response. The prosecutorial focus appears driven more by a desire for repression than judicial efficiency, undermining the impartiality and independence of the legal process. This is evident in how tribunal decisions often counter prosecutorial requests, indicating a prosecutorial role centered on coercion and social control. The study concludes by illustrating how criminal law is utilized as a tool for social control and suppression of political dissent, supporting theories that highlight the law’s symbolic power and inherent violence in its application.




SICI: 1828-4973(2025)1<43:URD&NT>2.0.ZU;2-T
Testo completo: https://www.rivisteweb.it/download/article/10.7383/117218
Testo completo alternativo: https://www.rivisteweb.it/doi/10.7383/117218

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