Judgment no. 26588 of 2024: Postponement of Sentence Execution due to Severe Illness

Judgment no. 26588 of March 19, 2024, issued by the Court of Cassation, addresses a highly relevant issue in criminal law: the postponement of sentence execution due to severe illness. This issue not only touches upon the question of justice but also involves fundamental aspects related to human dignity and the rehabilitation of the convicted person.

The Ruling's Maxim

Postponement of sentence execution for severe illness, including in the form of house arrest - Reduced life expectancy - Assessment - Criteria. In matters of discretionary postponement of sentence or granting of house arrest for severe illness, the judge must assess whether, considering the nature of the illness and, in case of an unfavorable short-term prognosis, the reduced life expectancy, the serving of the sentence appears contrary to the sense of humanity due to the excessive suffering it would cause, or devoid of rehabilitative meaning as a consequence of the impossibility of projecting the effects of the sanction onto the convicted person in the future.

This maxim clarifies that, in cases of severe illness, the judge must consider not only the physical condition of the convicted person but also their life expectancy. If the imposed sentence appears excessive in relation to the suffering it would entail, or if it no longer has a rehabilitative meaning, the judge may decide to postpone the execution of the sentence.

The Judge's Assessment Criteria

The judgment emphasizes the importance of a careful and considered assessment by the judge, who must take into account several factors:

• Nature of the illness: The severity and type of illness must be carefully analyzed.
• Unfavorable short-term prognosis: If the convicted person's life is seriously threatened, this must influence the judge's decision.
• Rehabilitative meaning of the sentence: If serving the sentence no longer makes sense, it is crucial to reconsider the application of the sentence itself.

Legal and Jurisprudential References

The Court of Cassation, by referencing Articles 146 and 147 of the Italian Penal Code, highlights the need to protect not only justice but also the human rights of the convicted person, following the guidelines of Law no. 354 of July 26, 1975, Article 47 ter. Furthermore, references to previous rulings confirm a consolidated jurisprudential orientation on the matter.

Conclusions

Judgment no. 26588 of 2024 represents a significant step towards a more humane justice system that is attentive to the individual circumstances of convicted persons. It invites reflection on how the penal system can and should adapt to situations involving people's health and dignity. A more flexible and understanding approach could not only alleviate the suffering of those in difficult situations but also promote the true rehabilitative purpose of punishment.