Surrogate Semi-Freedom: Commentary on Judgment No. 24438 of 2023

The recent judgment No. 24438 of April 26, 2023, issued by the Court of Cassation, has generated considerable interest in the legal world, particularly concerning alternative measures to detention. This ruling clarifies that so-called surrogate semi-freedom can also be granted to those convicted of serious offenses, as provided for by Article 4-bis of the Criminal Code. But what exactly does this decision mean and what are its practical implications for the prison system?

Regulatory Context and the Court's Decision

The Court of Cassation examined the case of a defendant, D. A., convicted of offenses covered by Article 4-bis, paragraphs 1-ter and 1-quater of Law of July 26, 1975, No. 354, concerning the prison system. The judgment states that surrogate semi-freedom, governed by Article 50, paragraph 2, of the same law, can be granted even in the presence of convictions for serious crimes. This represents a significant opening of the system, as traditionally alternative measures were reserved for those convicted of less serious offenses.

01 President: ROCCHI GIACOMO. Rapporteur: BIANCHI MICHELE. Rapporteur: BIANCHI MICHELE. Defendant: ABBATI DAVID. Public Prosecutor: SERRAO D'AQUINO PASQUALE. (Diff.) Annuls with referral, SURVEILLANCE TRIBUNAL ROME, 06/10/2022 563000 INSTITUTIONS FOR PREVENTION AND PENALTY (PRISON SYSTEM) - Alternative measures to detention - So-called surrogate semi-freedom - Convicted for offenses provided for by Article 4-bis, paragraphs 1-ter and 1-quater of the prison regulations - Grantability. Regarding alternative measures, the so-called surrogate semi-freedom referred to in Article 50, paragraph 2, third period, of Law of July 26, 1975, No. 354, can also be granted in the case of a conviction for one of the crimes indicated by Article 4-bis, paragraphs 1-ter and 1-quater, of the same law.

Implications of the Judgment

This decision has a significant impact on the treatment of incarcerated individuals and their potential reintegration into society. The possibility of accessing surrogate semi-freedom, even for those who have committed serious crimes, represents a paradigm shift in criminal treatment and sentence management. The implications are as follows:

• Promoting social reintegration: access to alternative measures can reduce the risk of recidivism, facilitating the reintegration of convicted individuals.
• Respecting human rights: the decision aligns with the principles of dignity and respect for human rights, promoting more humane treatment of inmates.
• Alleviating prison overcrowding: granting alternative measures can contribute to reducing the number of inmates in Italian prisons, a chronic problem in our penal system.

Conclusions

Judgment No. 24438 of 2023 marks an important step forward in the recognition of alternative measures to detention within our legal system. The Court of Cassation has demonstrated an innovative vision, considering surrogate semi-freedom not as a privilege reserved for a few, but as a useful tool for rehabilitation and social reintegration. It is crucial that legal professionals and institutions commit to ensuring the effective application of these measures, so that they can contribute to a more just and equitable criminal justice system.