Preventive Measures: The Court of Cassation on the Re-evaluation of Social Dangerousness (Judgment no. 30070/2025)

The Italian legal system, balancing security and individual guarantees, is enriched by rulings that refine its interpretation. The Judgment of the Court of Cassation, no. 30070, filed on September 1, 2025, is a fundamental clarification on preventive measures, particularly for special surveillance and the offense of non-compliance (Art. 75 of Legislative Decree no. 159 of 2011). This decision reiterates the need for a current assessment of social dangerousness, setting a limit on extensive interpretations that could infringe upon rights.

Context: Preventive Measures and Art. 75 of Legislative Decree 159/2011

Preventive measures aim to prevent crimes by individuals deemed socially dangerous, even without a conviction. Special surveillance is among the most incisive, imposing restrictive requirements. Legislative Decree no. 159 of 2011 governs this matter, and Art. 75 penalizes non-compliance with these requirements. However, the application of such measures, and the sanction for their violation, must always respect the principle of current social dangerousness. The Court of Cassation, with the judgment under review, has strengthened this principle in specific contexts.

The Ruling of the Court of Cassation: Current Social Dangerousness is Indispensable

The core of the Supreme Court's decision is encapsulated in the following ruling:

In the context of preventive measures, the offense referred to in Art. 75 of Legislative Decree of September 6, 2011, no. 159 is not applicable to an individual who, after serving a custodial sentence, has been subjected to special surveillance without a prior re-evaluation of the current and persistent nature of their social dangerousness, even if the decree ordering the measure was issued during the period of sentence execution.

This ruling, concerning the case of Mr. B. G. with Counselor L. A. V. as rapporteur, annuls with referral the judgment of the Court of Appeal of Catania of February 13, 2025. The Court clarifies that the offense of non-compliance cannot be charged if, after release from prison, a new assessment of social dangerousness has not been conducted, even if the surveillance decree was issued while the individual was incarcerated. Social dangerousness is not static; detention can alter it. A decision made "upstream" without subsequent verification upon release does not justify the restrictive measure and the offense. The Court of Cassation mandates that preventive measures must always be based on an updated assessment, in line with constitutional principles of proportionality and ECHR jurisprudence.

Implications and Conclusions

This judgment strengthens the guarantees for individuals subjected to preventive measures:

• It reinforces the principle of current social dangerousness.
• It requires judicial bodies to re-evaluate at the time of "release."
• Failure to re-evaluate excludes the offense under Art. 75 of Legislative Decree no. 159/2011.

The decision is based on a systemic interpretation of Legislative Decree no. 159/2011 (Arts. 1, 4, 14, and 15). Judgment no. 30070 of 2025 is a significant step in the protection of individual rights. By strongly reiterating the principle of current social dangerousness, the Supreme Court provides operational clarification and greater guarantees for citizens. This orientation ensures that restrictions on personal liberty are always based on an updated and concrete assessment, preventing automatisms and strengthening a criminal justice system attentive to constitutional guarantees.