Judgment no. 30702 of 2024: Non-retroactivity of legislative amendments on prison benefits

Judgment no. 30702 of April 16, 2024, by the Court of Cassation, is part of a legal context of great importance, addressing the issue of prison benefits and their application in relation to legislative amendments. This ruling establishes a clear principle: legislative amendments that make access to prison benefits more burdensome cannot be applied retroactively, thus protecting the rights of convicted persons.

The principle of non-retroactivity

The principle of non-retroactivity of criminal laws is enshrined in Article 25, second paragraph, of the Italian Constitution, which states that no one can be punished by a law that was not in force at the time the crime was committed. The Constitutional Court has interpreted this principle broadly, affirming that not only criminal provisions but also those governing prison benefits must respect this principle.

The case examined by the Court concerned a detainee, V. R., who had applied for admission to semi-liberty. Legislative amendments enacted after the commission of the crime had made access to such benefits more stringent. The Court thus confirmed that, based on judgment no. 32 of 2020, the new provisions cannot be applied retroactively.

Implications of the judgment

Prison benefits - Legislative amendments subsequent to the crimes for which conviction has occurred - Non-retroactivity of new provisions that make access to benefits more burdensome - Case facts. In the matter of the prison system, legislative amendments subsequent to the facts for which conviction has occurred, which make access to alternative measures to detention and "extra moenia" prison benefits more burdensome, subjecting the convicted person to a more severe treatment than what was reasonably foreseeable at the time of the commission of the crime, cannot have retroactive application, in light of the interpretation of Article 25, second paragraph, of the Constitution adopted by the Constitutional Court with judgment no. 32 of 2020. (Case facts relating to an application for admission to semi-liberty submitted by a detainee for acts committed under the provisions introduced by decree-law of May 13, 1991, no. 152, converted, with amendments, by law of July 12, 1991, no. 203, in which the Court deemed subsequent legislative amendments inapplicable, which were in practice detrimental in relation to the individual situation of the applicant).

This ruling therefore has important consequences for the Italian prison system. Among the main ones are:

• Protection of detainees' rights, ensuring that more severe laws cannot be applied retroactively.
• Clarity and certainty of law, preventing detainees from being subjected to unforeseen and more severe treatments.
• Incentive for a review of legislative policies on justice and prisons, to ensure that norms respect human rights.

Conclusions

In conclusion, judgment no. 30702 of 2024 represents an important step in the protection of convicted persons' rights, emphasizing the importance of respecting the principle of non-retroactivity of criminal laws. This principle not only guarantees greater protection for detainees but also contributes to maintaining a just and predictable legal system. It is crucial that future legislative amendments take these principles into account, to avoid compromising the fundamental rights enshrined in our Constitution.