Commentary on Judgment No. 23553 of 2023: Semi-liberty and Day Isolation in Criminal Law

The recent judgment No. 23553 of March 21, 2023, issued by the Court of Cassation, addresses a matter of significant importance within criminal law and the prison system: the compatibility between the semi-liberty measure and day isolation as provided for by art. 72 of the Criminal Code. The decision offers food for thought on alternative measures to detention and their application in relation to specific detention situations.

Context of the Judgment

The Court decided to annul without referral the ruling of the Surveillance Court of L'Aquila, which had granted semi-liberty to a detainee under a day isolation regime. The central issue concerned whether it was possible to grant the detainee semi-liberty before the period of day isolation had been fully served. The Court established that such a concession is not provided for by law, as it conflicts with the punitive nature of isolation, which is considered a temporary criminal sanction.

01 President: TARDIO ANGELA. Rapporteur: POSCIA GIORGIO. Defendant: PG C/ CAROLA GIOVANNI. Public Prosecutor: TOCCI STEFANO. (Diff.) Annuls without referral, SURVEILLANCE COURT OF L'AQUILA, 15/12/2022 563000 INSTITUTES OF PREVENTION AND PENALTY (PRISON SYSTEM) - Semi-liberty - Compatibility with day isolation under art. 72 of the Criminal Code - Exclusion - Reasons. Regarding alternative measures, semi-liberty is not grantable to a detainee who has not yet served the day isolation under art. 72 of the Criminal Code, as the possibility of such enjoyment is not provided for by law and would conflict with the punitive nature of isolation, which is a temporary criminal sanction additional to life imprisonment.

Implications of the Decision

The judgment clearly establishes that semi-liberty, an alternative measure aimed at promoting the social reintegration of the detainee, cannot be granted as long as the individual has not fully served their day isolation. This principle aligns with national regulations, as provided for by the Criminal Code and Law 354/1975, which govern the treatment of prisoners.

• Semi-liberty is a measure that allows the detainee to engage in activities outside the prison institution during specific hours.
• Day isolation, on the other hand, serves as a sanction, significantly restricting the detainee's freedom.
• The Court's decision is in line with previous case law, which has already excluded the compatibility between these measures.

This incompatibility highlighted in judgment No. 23553 is based on the need to maintain a balance between criminal sanctions and alternative measures, ensuring that the consequences of illicit conduct are addressed in a consistent and proportionate manner.

Conclusions

Judgment No. 23553 of 2023 by the Court of Cassation represents an important clarification on alternative measures to punishment. It underscores the importance of respecting the legislative provisions governing the prison system and emphasizes the need to ensure that semi-liberty measures are applied only under conditions that do not compromise the punitive nature of the sanctions themselves. This approach not only protects the integrity of the criminal justice system but also offers a clear framework for legal professionals and for detainees aspiring to alternative measures in their path to social reintegration.