Early Release: Commentary on Judgment No. 34572 of 2022
Judgment No. 34572 of 2022, issued by the Court of Cassation, represents an important benchmark for the regulation of early release, a fundamental institution in our penitentiary system. In this article, we will analyze the main content of this judgment, highlighting the implications for convicted individuals and for the justice system.
The Principle of Fractional Assessment
The Court clarified that, in the context of early release, the principle of fractional assessment by semesters of the convicted person's conduct does not limit the possibility of also considering offenses committed while at liberty. This aspect is crucial, as it suggests that the convicted person's conduct during the period of liberty can reveal their genuine willingness to participate in the rehabilitative program.
01 President: BONI MONICA. Rapporteur: LIUNI TERESA. Rapporteur: LIUNI TERESA. Defendant: ONORATO RICCARDO. Public Prosecutor: LOY MARIA FRANCESCA. (Partial Dissent) Rejects, TRIBUNAL OF SUPERVISION ROME, 07/06/2022 563000 INSTITUTES OF PREVENTION AND PENAL LAW (PENITENTIARY SYSTEM) - Early Release - Fractional Assessment by Semesters - Assessment of the Period of Liberty Following a Period of Detention - Negative Impact on the Previous Period Spent in Detention - Possibility. In matters of early release, the principle of fractional assessment by semesters of the convicted person's conduct for the purpose of granting the benefit does not exclude that offenses committed while at liberty may also be relevant, as indicators of the lack of willingness to participate in the rehabilitative program during the previous period of detention.
Implications of the Judgment
The consequences of this ruling are manifold. Firstly, it underscores the importance of a comprehensive assessment of the convicted person's conduct, not limited to considering only the period of detention, but also integrating the period of liberty. This implies that judges must carefully examine any illicit behavior committed while at liberty, which may indicate a failure to adhere to rehabilitation and reintegration programs.
- Relevance of offenses committed while at liberty
- Assessment of the convicted person's rehabilitative path
- Application of existing norms within our legal system
Conclusions
In conclusion, judgment No. 34572 of 2022 represents a step forward in the understanding and application of early release within our legal system. It highlights how the convicted person's conduct must be examined globally, taking into account not only their period of detention but also their behavior while at liberty. This offers greater assurance of safety and justice, both for the convicted person and for society.
