Judgment No. 30970 of 2024: Detainee's right to be visited by a trusted doctor

The recent judgment No. 30970 of 2024, issued by the Court of Cassation, offers significant insights into the rights of suspects held in pre-trial detention. In particular, the decision highlighted the conditions under which a suspect has the right to be visited by a trusted doctor, a crucial aspect for ensuring respect for the dignity and health of individuals deprived of personal liberty.

Context of the judgment

In this specific case, the judge for preliminary investigations had denied the request of a suspect, B. P.M., to be visited at his own expense by a trusted doctor. This measure was appealed, leading to the evaluation of the Court of Cassation, which annulled the GIP's measure, deeming it abnormal and lacking power.

Request by the detained suspect to be visited by a trusted doctor - Authorization by the presiding judge - Conditions. The measure by which the judge for preliminary investigations does not allow, for reasons unrelated to the investigation of the facts for which proceedings are underway, a suspect detained in pre-trial custody to be visited at his own expense by a doctor of his trust, is abnormal, as it is issued in excess of power.

Analysis of the maxim and the rights involved

The maxim expressed by the judgment reiterates a fundamental principle: the right to health and defence extends to suspects in pre-trial detention. According to Article 32 of the Italian Constitution, health is a fundamental right, and Law No. 354 of 1975, which governs the penitentiary system, establishes that every detainee has the right to receive healthcare. The Court therefore emphasized that the denial of a visit by a trusted doctor cannot be justified by reasons unrelated to the proceedings but must always consider the suspect's right to health.

• The right to health is guaranteed by the Constitution.
• Detainees have the right to receive adequate healthcare.
• The judge must adequately justify any denials of requests for medical visits.

Conclusions

Judgment No. 30970 of 2024 represents an important step in the recognition and protection of the rights of suspects. It reaffirms that the legal system must ensure not only a fair trial but also the safeguarding of the health of detainees. It is essential that judicial authorities act in compliance with these principles, ensuring that every suspect can receive the necessary care, even when in pre-trial detention. The decision of the Court of Cassation highlights an often overlooked but essential aspect for the respect of human rights within the Italian criminal justice system.