Early Release and Obstative Crimes: Analysis of Judgment No. 49625 of 2023

The recent judgment No. 49625 of November 14, 2023, issued by the Court of Cassation, emphasizes a crucial issue in the Italian legal landscape: the granting of early release in the presence of permanent obstative crimes. This decision, which particularly concerns participation in mafia-type associations, offers food for thought on the methods for evaluating prison benefits.

Regulatory Context

The issue of early release is governed by Article 4-bis of Law No. 354 of 26/07/1975, which establishes the criteria for access to such benefits in relation to specific obstative crimes. In particular, the Court has stressed the need to consider the conduct of the convicted person and the period of time during which their participation in the crime ceased. This aspect becomes crucial in cases of ongoing charges, where the assessment must be carried out with particular attention.

Analysis of the Judgment

Early release - Permanent obstative crime with so-called ongoing charge - Cessation of permanence - Concrete verification - Necessity. Regarding prison benefits, for the purpose of granting early release in the presence of a permanent obstative crime with a so-called ongoing charge (in this case, participation in a mafia-type association), it is necessary for the judge to verify, taking into account the reasoning of the conviction judgment, the dates to which it must be concretely referred and within which the participatory conduct attributed to the convicted person must be considered to have ceased.

The Court highlighted that early release cannot be granted automatically but requires concrete verification by the judge. This means that the magistrate must analyze not only the conviction and its reasoning but also the specific circumstances of the case. In particular, it must be ascertained when the convicted person's conduct ceased, in order to assess whether the conditions for access to prison benefits are met.

• Importance of concrete verification by the judge.
• Need to consider the duration of criminal conduct.
• Relevance of the reasoning in the conviction judgment.

Conclusions

Judgment No. 49625 of 2023 represents an important step forward in defining the criteria for granting early release in cases of permanent obstative crimes. The Court of Cassation, through this decision, reaffirms the principle that each case must be evaluated individually, taking into account the specificities of the convicted person and their conduct. This approach not only ensures greater fairness in the treatment of inmates but also offers an important tool in the fight against organized crime.