Judgment No. 37107 of 2024: Visual and Telephone Visits in the Penitentiary System

Judgment No. 37107 of June 28, 2024, issued by the Court of Cassation, offers an important reflection on the provisions concerning visual and telephone visits within the Italian penitentiary system. In particular, the Court has established that these rules are not substantive in nature, which implies significant consequences for the rights of detainees. This article aims to analyze in detail the content of the judgment and the practical implications it entails.

The Meaning of the Judgment

The Court, presided over by G. De Marzo and with M. M. as rapporteur, annulled with referral a decision by the Supervisory Court of L'Aquila concerning the management of visits. The headnote of the judgment reads:

Rules governing visual and telephone visits - Substantive nature - Exclusion - Reasons - Consequences. In matters of the penitentiary system, the provisions relating to the regime of visual and telephone visits are not substantive in nature, as they do not directly pertain to the nature, quality, and quantity of the sentence, but only to the modalities of exercising the detainee's rights, and therefore, they are not subject to the prohibition of retroactive application of more unfavorable rules enshrined in Article 25, paragraph two, of the Constitution.

This statement highlights how the rules concerning visits do not directly affect the custodial sentence but rather concern the ways in which detainees can exercise their rights. The distinction between substantive and procedural rules is fundamental in criminal law and has significant implications for the treatment of detainees.

Implications for Detainees' Rights

The judgment emphasizes that changes to the regime of visual and telephone visits cannot be considered retroactive unless they directly concern the sentence itself. Below are some key implications:

• The protection of detainees' rights is guaranteed, as new rules cannot be applied retroactively if they are more unfavorable.
• The modalities of exercising rights do not affect the substance of the sentence and therefore do not violate the principle of legality.
• The legislator has the possibility to reform the visit system without compromising fundamental rights, always in compliance with current regulations.

Conclusions

In summary, Judgment No. 37107 of 2024 represents an important step forward in the protection of detainees' rights within the Italian penitentiary system. It clarifies that the rules governing visual and telephone visits must be interpreted as instruments for guaranteeing rights, rather than as punitive elements. It is crucial that the penitentiary system continues to evolve in respect of human rights, fostering an environment that allows detainees to maintain ties with the outside world, a crucial aspect for their social reintegration.