Judgment no. 44020/2024: Suspension of the Order for Execution of Short Custodial Sentences

Judgment no. 44020 of 7 November 2024, filed on 2 December 2024, represents an important ruling by the Court of Reggio Calabria concerning the suspension of the order for the execution of short custodial sentences. In particular, the Court examines the issue of calculating the sentence to be served and the possibility of including the deductions provided for by art. 656, paragraph 10-bis, of the Code of Criminal Procedure.

The Regulatory Context

The issue raised in the judgment concerns the application of art. 656 of the Code of Criminal Procedure, which governs the execution of short custodial sentences. According to the provision, the supervisory judiciary may recognise deductions for time spent in detention, but only after proof of the convicted person's actual participation in rehabilitation programmes.

The Ruling's Headnote

Short custodial sentences - Suspension of the order for execution - Calculation of the sentence - Possibility of taking into account the deductions referred to in art. 656, paragraph 10-bis, of the Code of Criminal Procedure - Exclusion - Reasons. In the context of suspending the order for the execution of short custodial sentences, the sentence to be served must be determined without taking into account the deductions provided for by art. 54 of Law 26 July 1975, no. 354, even if, pursuant to art. 656, paragraph 10-bis, of the Code of Criminal Procedure, they must be indicated in the execution order, as this is a benefit that the supervisory judiciary can only recognise following the convicted person's actual participation in rehabilitation work.

This headnote clarifies that, in the case of short custodial sentences, the court cannot consider the deductions provided when determining the sentence to be served. This is a crucial aspect, as it implies that the convicted person cannot automatically benefit from any sentence reductions unless they demonstrate active participation in rehabilitation paths.

Implications of the Judgment

The repercussions of this judgment are significant, as it places a strong emphasis on the convicted person's responsibility to demonstrate their commitment to the rehabilitation process. This case law is in line with the principles of European criminal law, which aim to promote the social reintegration of convicted persons through rehabilitation measures.

• Strengthening the principle of individual responsibility.
• Clarity on the interpretation of rules relating to deductions.
• Incentive to actively participate in rehabilitation programmes.

In conclusion, judgment no. 44020 of 2024 by the Court of Reggio Calabria offers an important reflection on how custodial sentences should be executed and on the fundamental role of rehabilitation in punishment. This approach not only ensures greater fairness in the application of justice but also contributes to a more humane vision of the criminal justice system.