Analysis of Judgment No. 23926 of 2023: Re-evaluation of Social Dangerousness and Prevention Measures

The recent judgment No. 23926 of April 6, 2023, filed on May 31, 2023, has generated considerable interest in the field of criminal law, particularly concerning prevention measures. This ruling, issued by the Court of Cassation, offers important clarifications on the commencement of the re-evaluation period for social dangerousness for individuals subject to prevention measures, establishing that the two-year term runs from the pronouncement of the application order and not from its notification.

Regulatory Context

The relevant regulatory framework is represented by Legislative Decree No. 159 of 2011, which governs personal prevention measures. In particular, Article 14, paragraph 2-ter, establishes the procedures for re-evaluating the social dangerousness of the proposed individual, a crucial aspect for the management of prevention measures. The judgment in question clarifies how such re-evaluation must follow specific timelines, directly impacting the life of the individual concerned.

Proposed individual subject to detention for serving a sentence - Re-evaluation of social dangerousness pursuant to art. 14, paragraph 2-ter, Legislative Decree No. 159 of 2011 - Commencement of the two-year term – From the pronouncement of the order applying the prevention measure – Admissibility. In matters of personal prevention measures, the two-year term indicated by art. 14, paragraph 2-ter, of Legislative Decree of September 6, 2011, No. 159, for the re-evaluation of the social dangerousness of the proposed individual after the cessation of the detention measure, commences from the pronouncement of the order applying the prevention measure and not from its notification.

Implications of the Judgment

The decision of the Court of Cassation offers important food for thought for legal professionals and for those subjected to prevention measures themselves. Among the main implications, we can list:

• Temporal Clarity: The judgment establishes a clear starting point for the commencement of the two-year term, offering greater legal certainty.
• Protection of Rights: Recognizing the commencement from the application order represents a protection for the individual's rights, ensuring a timely re-evaluation.
• Potential Appeals: The new interpretation could lead to an increase in appeals and requests for revision of prevention measures.

Conclusions

In conclusion, judgment No. 23926 of 2023 marks an important step in Italian jurisprudence concerning prevention measures. It not only clarifies the timelines for re-evaluating social dangerousness but also offers greater protection for the rights of the individuals involved. It is essential for legal professionals to stay updated on such developments to ensure the correct application of the law and effectively protect their clients.