The Competence of the Surveillance Magistrate in Restorative Justice: Analysis of Judgment No. 27072/2025

The Italian legal landscape is constantly evolving, especially concerning the execution of sentences and the new frontiers of justice. In this context, restorative justice emerges as a fundamental tool for promoting rehabilitation and social pacification. However, the implementation of these principles, organically introduced by the so-called Cartabia Reform (Legislative Decree 150/2022), has raised interpretative questions, particularly regarding the competence to decide on access to related programs. It is precisely on this point that the Supreme Court of Cassation intervenes with Judgment No. 27072 of 15/05/2025, filed on 24/07/2025 (Rv. 288418-01), providing essential clarification for legal practitioners and convicts.

Restorative Justice: A New Paradigm

Restorative justice represents an innovative approach that complements traditional retributive justice. The objective is not only to punish the offender but also to repair the harm caused to the victim and the community, fostering a path of reconciliation and social reintegration. The Cartabia Reform has given full normative dignity to this institution, regulating its procedural and substantive aspects through articles such as 129-bis of the Code of Criminal Procedure and 45-ter of the Implementing Provisions. These programs, which can include mediation between victim and offender, symbolic compensation, or community service, aim to actively involve the parties in the conflict resolution process, overcoming a purely punitive logic.

The Cassation's Clarification: Competence in the Execution Phase

The focal point of Judgment No. 27072/2025 concerns the identification of the competent body to decide on the convict's access to restorative justice programs once the sentence has become final and the execution phase has begun. Before this ruling, doubts could arise regarding the authority for such a decision, given the plurality of actors involved in the criminal justice system. The Supreme Court, presided over by Dr. G. Fidelbo and with Dr. R. Amoroso as rapporteur, has dispelled all reservations, stating unequivocally:

In the execution phase, the competence to decide on the convict's access to restorative justice programs lies with the surveillance magistrate.

This maxim is of fundamental importance. It assigns the surveillance magistrate a central and decisive role in implementing the principles of restorative justice during the execution of the sentence. The surveillance magistrate, already a key figure for assessing the convict's educational path and reintegration, thus sees their functions expanded, becoming the guarantor of the opportunity to access pathways that can significantly impact the life of the detainee and their relationship with society.

Practical Implications and Legal References

The Cassation's decision is based on a systematic reading of the norms introduced or amended by the Cartabia Reform, such as Legislative Decree 150/2022 (particularly articles 7 paragraph 1 letter C and 78 paragraph 1) and the implementing provisions of the Code of Criminal Procedure (article 45-ter). The choice to attribute competence to the surveillance magistrate is consistent with their role as a judicial body specialized in the execution of sentences, called upon to balance the needs of social safety with those of rehabilitation and reintegration of the convict, in accordance with Article 27 of the Constitution. This means that any request for access to restorative justice programs, made by a convict who is already serving their sentence, must be evaluated and authorized by the competent surveillance magistrate. This ensures a thorough and personalized analysis, taking into account the educational path already undertaken and its compatibility with the purposes of the sentence.

The main norms that are relevant for understanding the context of this judgment include:

• Law 26/07/1975 No. 354 (Prison Law), particularly articles 13 and 15-bis, which already outline the role of the surveillance magistrate in the execution and penitentiary treatment.
• The New Code of Criminal Procedure, with article 129-bis, which introduces the general discipline of restorative justice.
• The Implementing Provisions of the Code of Criminal Procedure, with article 45-ter, which specifies the modalities of access to programs.
• Legislative Decree 10/10/2022 No. 150 (Cartabia Reform), which redefined the entire regulatory framework.

Conclusions

Judgment No. 27072/2025 of the Court of Cassation represents a fundamental piece in the path towards the full implementation of restorative justice in Italy. Clarifying the competence of the surveillance magistrate in the execution phase not only eliminates potential application uncertainties but also strengthens the role of this body in promoting a justice system more oriented towards recovery and accountability. For convicts, this decision opens new prospects for reintegration and reconciliation with the victim and society, while for lawyers and legal practitioners, it provides clear guidance for navigating an ever-evolving field. It is a step forward towards a criminal justice system that, while not renouncing its punitive function, increasingly values instruments of reparation and social pacification, as provided for by our Constitution and the most modern trends in European law.