Judgment No. 24873 of 2023: Security Measures and Social Dangerousness

The recent judgment No. 24873 of April 21, 2023, issued by the Court of Cassation, offers important clarifications regarding the application of personal security measures for individuals convicted of mafia-type criminal association. The core of the decision lies in the ascertainment of the convicted person's actual social dangerousness, a crucial aspect that must always be considered before adopting such measures.

The Regulatory Framework

According to Italian criminal law, security measures are legal instruments aimed at protecting society from individuals deemed dangerous. In particular, Article 417 of the Criminal Code provides for the possibility of applying security measures in cases of convictions for criminal association, but only after careful assessment of the convicted person's social dangerousness. The amendment introduced by Article 31, paragraph 2, of Law October 10, 1986, No. 633, has further reinforced this necessity.

Application of personal security measure - Subject convicted of mafia-type criminal association - Concrete ascertainment of the convicted person's actual dangerousness - Necessity - Existence - Criteria - Indication. In the matter of security measures, following the amendment introduced by art. 31, paragraph 2, Law October 10, 1986, No. 633, according to a constitutionally oriented interpretation, their application, including that provided for by art. 417 of the Criminal Code, can only be ordered, even by the trial judge, after an express positive scrutiny of the convicted person's actual social dangerousness, to be ascertained in concrete terms based on the elements referred to in art. 133 of the Criminal Code, evaluated globally, without the possibility of resorting to any form of legal presumption, even if qualified as simple.

Criteria for Assessing Dangerousness

The Court, in its ruling, emphasizes that the judge must conduct a concrete analysis, not based on legal presumptions. This means that each case must be examined individually, taking into account various factors, including:

• The type of crimes committed by the individual;
• The social and relational context in which the convicted person operates;
• Any signs of remorse or change in behavior;
• The opinions of experts and appraisers on the convicted person's psychological profile.

This approach ensures a fairer process that respects individual rights, avoiding indiscriminate application of security measures.

Conclusions

Judgment No. 24873 of 2023 represents a significant step towards a more equitable justice system that respects human rights. The necessity of a concrete assessment of social dangerousness not only protects society but also offers the convicted person the possibility of a fair evaluation. With this approach, the Italian legal system moves closer to a more modern and humane conception of justice, focusing on the individual and their actual characteristics.