Judgment No. 24425 of 2023: Alternative Measures to Detention and Three-Year Prohibition on Granting

Judgment No. 24425 of April 26, 2023, published on June 7, 2023, represents a significant development in the jurisprudence concerning alternative measures to detention. In this case, the Court addressed the issue of the three-year prohibition on granting benefits, as provided for by Article 58-quater of the Prison Administration Act, particularly regarding the revocation of probation for individuals subject to alternative measures.

Context of the Judgment

The central issue of the judgment concerns the applicability of the three-year prohibition on granting prison benefits to convicted individuals whose alternative measure to detention has been revoked. The Court ruled that this prohibition does not apply in cases of revocation of probation under specific circumstances, as provided for by Article 94 of Presidential Decree No. 309 of 1990.

This means that the unsuccessful application of an alternative measure does not automatically create a presumption of the convicted person's inability to comply with rehabilitation benefits. The Court emphasized that the peculiar nature of the situation of the individuals involved must be taken into account, thus excluding a rigid application of the prohibition.

Reasons Behind the Decision

01 President: ROCCHI GIACOMO. Rapporteur: POSCIA GIORGIO. Reporting Judge: POSCIA GIORGIO. Defendant: MAGLIUOLO RAFFAELE GIANLUCA. Public Prosecutor: LIGNOLA FERDINANDO. (Partial Dissent) Annuls without referral, SURVEILLANCE TRIBUNAL OF CATANIA, 06/10/2022 563000 INSTITUTES OF PREVENTION AND PENALTY (PRISON ADMINISTRATION) - Alternative measures to detention - Three-year prohibition on new granting of the benefit provided by art. 58-quater Prison Admin. Act - Applicability also to the hypothesis of revocation of "therapeutic" probation provided by art. 94 Presidential Decree No. 309 of 1990 - Exclusion - Reasons. The three-year prohibition on granting prison benefits to a convicted person against whom the revocation of an alternative measure to detention has been ordered, as provided by art. 58-quater Prison Admin. Act, does not apply in the case of revocation of probation in specific circumstances under art. 94 Presidential Decree of October 9, 1990, No. 309, as the unsuccessful application of such a measure, in addition to not being expressly contemplated among the "prejudicing" conditions referred to in art. 58-quater, paragraph 2, cited due to the peculiar situation of the subjects who benefit from it, does not create any absolute presumption of the convicted person's inability to comply with benefits having common rehabilitation purposes.

Conclusions

Judgment No. 24425 of 2023 marks an important step towards greater flexibility in the application of alternative measures to detention. The Court clarified that the revocation of probation should not automatically lead to the impossibility of accessing new benefits, emphasizing the importance of rehabilitation and social reintegration. This approach reflects an evolution in jurisprudence that takes into account the specific needs of convicted individuals, promoting a more humane and rehabilitative prison system.