Supervised Freedom and Conviction: Analysis of Judgment No. 14222 of 2023

Judgment No. 14222 of February 24, 2023, issued by the Court of Cassation, offers significant insights into understanding the delicate balance between security measures and criminal convictions. Specifically, the case addressed concerns the issue of supervised freedom in relation to offenses committed in continuation, a topic that always arouses considerable interest among legal professionals and citizens alike.

The Legal Issue

The central point of the judgment concerns the judge's conduct in ordering supervised freedom in cases where an offense is considered to be in continuation with another already adjudicated. The Court clarifies that, in such circumstances, the judge must consider exclusively the increase in penalty provided for by Article 81, paragraph two, of the Criminal Code, and not the overall penalty resulting from the sum of the convictions.

Supervised freedom - Imprisonment for a term exceeding one year - Offense committed in continuation with another definitively adjudicated - Reference to the overall penalty - Exclusion. In matters of security measures, the judge, when ordering supervised freedom, where the conviction concerns an offense deemed to be in continuation with another previously adjudicated, must have regard only to the increase in penalty determined pursuant to Article 81, paragraph two, of the Criminal Code, and not to the redetermined overall penalty.

Implications of the Judgment

This judgment has significant repercussions within the Italian legal system. Security measures, such as supervised freedom, are crucial tools, and their application must strictly comply with the law. The reference to Article 81, paragraph two, highlights the importance of consistent and clear jurisprudence, leaving no room for ambiguous interpretations.

• Clarity in the application of security measures
• Impact on future judicial decisions
• Strengthening the protection of convicts' rights

Conclusions

In conclusion, judgment No. 14222 of 2023 represents an important reference point for Italian jurisprudence, emphasizing the need for correct application of the rules concerning supervised freedom. This case underscores the responsibility of judges in ensuring that security measures are applied fairly and proportionally, always in line with the fundamental principles of criminal law.