It will then be seen that
the fear of having to make strict restitution will be a spur to
the diligence of the well-to-do, in regard to involuntary
offences, whilst for the poor we shall be able to impose work on
behalf of the injured person in place of pecuniary damages.''
Shortly afterwards Garofalo wrote: ``In the opinion of our
school, for many offences, especially slighter offences against
the person, it would be serviceable to substitute for a few days'
imprisonment an effectual indemnification of the injured party.
Reparation of damage might become a genuine penal substitute, when
instead of being, as now, a legal consequence, a right which can
be enforced by the rules of civil procedure, it would become an
obligation from which the accused could in no way extract
himself.''
Of all the positive school, Garofalo has insisted most strongly on
these ideas, enlarging upon them in various proposals for the
practical reform of procedure.
The principle has made further progress since the speech of M.
Fioretti at the first Congress of Criminal Anthropology (Rome,
1885), which adopted the resolution brought forward by MM. Ferri,
Fioretti, and Venezian: ``The Congress, being convinced of the
importance of providing for civil indemnification, in the
immediate interest, not only of the injured party, but also of
preventive and repressive social defence, is of opinion that
legislation could most expeditiously enact the most suitable
measures against such as cause loss to other persons, and against
their accomplices and abettors, by treating the recovery of
damages as a social function assigned to its officials,
that is to say, to the Public Prosecutor at the bar, to the judges
in their sentences, to the prison officials in the ultimate
payment for prison labour, and in the stipulation for conditional
release.
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