Between efficiency urges and expectations of justice in the Italian system. Deflation profiles of case dismissal for particular tenuity of the criminal act and for oblation

This chapter analyzes the evolving mechanisms of case dismissal within the Italian criminal justice system, focusing on two key tools: dismissal for particolare tenuità del fatto (particular tenuity of the criminal act) and oblazione (oblation). Against the backdrop of chronic inefficiencies and systemic delays, the authors explore how these legal instruments serve dual purposes—relieving judicial backlog and ensuring proportionality in punishment. Drawing on constitutional and jurisprudential foundations, the chapter examines how these dismissals operate procedurally and substantively, particularly following the Cartabia reform. It highlights the tension between procedural economy and the rights of the accused and victim, and critiques the limits of these mechanisms in light of their implications for fairness, restorative justice, and legal certainty. Through a nuanced discussion of legislative frameworks and case law, the authors offer a critical assessment of how Italian criminal procedure is adapting to contemporary demands for both justice and efficiency.