Probation and Semi-liberty Measures: Commentary on Cass. pen., Section I, n. 37090 of 2024

Judgment no. 37090 of 2024 by the Court of Cassation, First Criminal Section, offers important food for thought on the institution of probation to social services and the assessment of alternative measures to detention. In this article, we will analyse the main aspects of the decision, highlighting the criteria used by the Court to reject the appeal filed by A.A., convicted of fraudulent bankruptcy.

The Context of the Case

The Supervisory Court of Palermo had declared A.A.'s application for probation to social services inadmissible, admitting him instead to semi-liberty. The defence contested this decision, arguing that the findings of the UEPE (Office for the Execution of Sentences) indicated a path of social reintegration for the convicted person, who had been working in a family business for six years and had made himself available for volunteer activities.

The assessment of the request for probation cannot disregard the conduct of the convicted person after the commission of the crime and their current behaviour.

Legal Principles Underlying the Decision

The Court recalled the principle that probation to social services, governed by art. 47 of the penitentiary system, is an alternative measure to detention aimed at the rehabilitation of the offender and the prevention of recidivism. Established case law states that, to grant this measure, it is not sufficient to demonstrate a complete critical review of one's past behaviour, but a careful assessment of conduct after the conviction is necessary.

• The importance of post-conviction conduct: The conduct of the convicted person after the commission of the crime is fundamental for assessing the possibility of reintegration.
• The role of the seriousness of the crime: The Court considered the seriousness of the fraudulent bankruptcy offence, along with previous criminal records, as decisive elements in the decision.
• The principle of gradualism: The granting of semi-liberty is seen as a gradual step towards social reintegration, while maintaining control over the convicted person.

Conclusions

In summary, judgment no. 37090 of 2024 highlights how the assessment of probation must take into account not only the nature of the crime but also the conduct of the convicted person after the conviction. The Court has demonstrated its rigorous application of the rules, emphasising the fundamental role of gradualism in alternative measures, to ensure effective and controlled social reintegration. This approach represents not only a safeguard for society but also an opportunity for the convicted person to be rehabilitated and reintegrated into the social fabric.