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Pagano's normative theory of criminal law shall be understood as part of the criminal enlightened tradition that comprehends Montesquieu's and Beccaria's thought. From the influen- ce of this authors Pagano develops what, in his opinion, is the general framework for a modern criminal process based on the fundamental guaranties of the accused. The criticism that Pagano addresses to the inquisitorial process is not only based on the lack of guaranties —the main cri- tic from the supporters of the accusatorial model— but also it challenges the defenders of the inquisitorial model in their own ground: the repressive interpellation. Still, Pagano's thesis goes far beyond his claim against the procedural system in the Reign of Naples, since he provides a more complex procedural garantist theory. The principles underlying Pagano's theory are: the principle of due process of law, the principle of impartiality, the principle of equal concern and respect of parties alike, the principle of contradictio and the principle of orality and publicity of the process. In such a way, Pagano intends to provide the basis for a coherent system of guaranties through which the political thought of the criminal enlightenment finds expression.

El garantismo penal de un ilustrado italiano: Mario Pagano y la lección de Beccaria