Commentary on Judgment No. 36885 of 2023: Substitute Penalties and Admissibility Conditions

Judgment No. 36885 of 2023 by the Court of Cassation, filed on September 6, 2023, offers an important interpretation regarding substitute penalties for custodial sentences, particularly the transitional provisions introduced by Article 95 of Legislative Decree No. 150 of 2022. This judgment is part of an evolving regulatory framework, where new provisions aim to promote the application of alternatives to detention. But what are the admissibility conditions for an application to the execution judge?

Regulatory Context

Law No. 150 of 2022 has introduced significant changes in the landscape of criminal penalties, seeking to respond to the needs of justice and the rehabilitation of the convicted person. In particular, Article 95 establishes that the convicted person's application to the execution judge for the application of substitute penalties is conditional upon the proceedings being pending before the Court of Cassation on December 30, 2022. This aspect is crucial, as it determines the possibility of accessing alternative measures during a period of regulatory transition.

Analysis of the Judgment

Substitute penalties for custodial sentences - Transitional provisions of Article 95 Legislative Decree No. 150 of 2022 - Cases pending before the Court of Cassation as of December 30, 2022 - Application to the execution judge - Admissibility - Conditions. In the matter of substitute penalties for custodial sentences, the convicted person's application to the execution judge, pursuant to Article 95 of Legislative Decree of October 10, 2022, No. 150, is conditional upon the proceedings being pending before the Court of Cassation as of December 30, 2022, the date set for the entry into force of the aforementioned decree by Article 99-bis, introduced by Decree-Law of October 31, 2022, No. 162, converted, with amendments, by Law of December 30, 2022, No. 199.

The Court rejected the appeal filed by the convicted person M. S., emphasizing that the application for substitute penalties can only be made if the proceedings were pending on the specified date. This implies that those whose trials have already concluded will not be able to avail themselves of this opportunity, thus limiting the scope of the provision.

• Admissibility conditions: pendency of proceedings before the Court of Cassation.
• Importance of December 30, 2022, as a reference deadline.
• Implications for convicted persons with concluded proceedings.

Conclusions

Judgment No. 36885 of 2023 represents an important step in defining the access modalities for substitute penalties. It highlights the necessity of adhering to precise deadlines and specific conditions to benefit from alternatives to detention. This not only clarifies the current regulations but also offers useful guidance for legal professionals and convicted persons wishing to explore possibilities for a more humane and just rehabilitation. It is therefore essential that the parties involved are aware of these provisions to act accordingly.