Judgment No. 48579 of 2023: New Perspectives on Substitute Penalties and the Cartabia Reform

The recent judgment No. 48579, issued by the Court of Cassation on October 11, 2023, offers important clarifications regarding the application of substitute penalties for short custodial sentences, as provided for by the Cartabia reform. This decision is part of an evolving regulatory framework, where the transitional discipline established by Article 95 of Legislative Decree No. 150 of 2022 plays a crucial role.

The Context of the Cartabia Reform

The Cartabia reform, which entered into force on December 30, 2022, introduced significant changes to the Italian criminal justice system, aiming to ensure greater efficiency and promote the use of alternative penalties. In particular, Legislative Decree No. 150/2022 provided for the applicability of substitute penalties for short custodial sentences, with the objective of reducing prison overcrowding and promoting forms of social reintegration.

Analysis of the Judgment

Substitute penalties for short custodial sentences - Transitional discipline under Article 95 of Legislative Decree No. 150 of 2022 (so-called Cartabia reform) - Pending proceedings in the Court of Cassation - Identification - Reference to the appellate judgment - Consequences - Admissibility of the request before the execution judge. For the purpose of applying the transitional regime provided for, pursuant to Article 95, paragraph 1, of Legislative Decree of October 10, 2022, No. 150, for substitute penalties for short custodial sentences, the pronouncement of the operative part of the appellate judgment by December 30, 2022, the date of entry into force of the aforementioned Legislative Decree, determines the pendency of the proceeding "before the Court of Cassation" and therefore allows the convicted person, once the judgment has become final at the end of the legitimacy proceedings, to submit the request for substitution of the custodial penalty to the execution judge, pursuant to Article 666 of the Code of Criminal Procedure. (Case in which the Court deemed irrelevant, for the purpose of excluding the applicability of the transitional discipline, the declaration of inadmissibility of the appeal for cassation against the judgment rendered before December 30, 2022).

The Court of Cassation, with this judgment, has established that for the applicability of the transitional discipline, it is essential that the operative part of the appellate judgment is pronounced by December 30, 2022. This aspect determines the pendency of the proceedings in the Court of Cassation, allowing the convicted person, once the judgment has become final, to submit the request for substitution of the custodial penalty to the execution judge.

• Recognition of the importance of substitute penalties.
• Clarity on deadlines and procedures to follow.
• Relevance of the reform's entry into force date.

A crucial point is that the Court deemed the declaration of inadmissibility of the appeal for cassation irrelevant. This means that even if an appeal was not accepted, the convicted person still has the right to request the substitution of the penalty, provided that the other conditions are met.

Conclusions

Judgment No. 48579 of 2023 represents a significant step towards a more equitable and reformist justice system, in line with the objectives of the Cartabia reform. The possibility of accessing substitute penalties offers convicted individuals a chance for social reintegration that can contribute to reducing recidivism rates. It is essential that legal professionals and convicted individuals themselves are informed about these new opportunities to ensure a correct and just application of the law.