Judgment No. 37886 of 2024: Daytime Isolation and Concurrent Sentences in Italian Jurisprudence

Judgment No. 37886 of June 27, 2024, issued by the Court of Cassation, offers important insights regarding daytime isolation as provided for by Article 72 of the Criminal Code. This decision, which partially annuls with referral a ruling by the Court of Assizes of Naples, clarifies the legal nature of this sanctioning measure and the criteria to be followed in its application, particularly when dealing with concurrent sentences.

The Nature of Daytime Isolation

According to the Court, daytime isolation has a clear nature as a criminal sanction. This aspect is fundamental to understanding how the execution judge must proceed in determining its duration. In fact, it is necessary to apply the criteria established by Article 133 of the Criminal Code, which refer to the assessment of the penalty based on the seriousness of the offense and the personality of the convicted person.

Daytime isolation pursuant to art. 72 of the Criminal Code - Nature of criminal sanction - Determination of its duration in case of concurrent sentences - Application of the criteria referred to in art. 133 of the Criminal Code - Necessity. Daytime isolation provided for by art. 72 of the Criminal Code has the legal nature of a criminal sanction, therefore the execution judge, when determining its duration in the measure unifying concurrent sentences, must take into account the criteria referred to in art. 133 of the Criminal Code, providing adequate reasoning in this regard.

Criteria for Determining Duration

When dealing with concurrent sentences, it is essential that the judge not only considers the sum of the penalties but also the impact of the sanction on the convicted person. Article 133 of the Criminal Code establishes some key criteria that must be followed:

• The seriousness of the offense and the harm caused to the victim
• The conduct of the convicted person during and after the offense
• Any mitigating or aggravating circumstances

These criteria must be evaluated in a balanced manner, thus ensuring that the judge's decision is justified and proportionate. The reasoning must be clear and detailed, to allow for adequate judicial review.

Conclusions

Judgment No. 37886 represents an important step forward in legal clarity regarding daytime isolation as a criminal sanction. It emphasizes the need for rigorous and reasoned application of the criteria set forth in Article 133 of the Criminal Code, especially when dealing with concurrent sentences. With this decision, the Court of Cassation not only establishes a legal precedent but also offers an opportunity to reflect on the role of criminal justice and the protection of the rights of the convicted, always keeping a close eye on the principles of equity and proportionality.