Commentary on Judgment No. 36919 of 2024: Therapeutic Probation and Constitutional Legitimacy

Judgment No. 36919 of 2024, filed on October 3, 2024, addresses a matter of fundamental importance in Italian criminal law: the issue of therapeutic probation for individuals not in custody undergoing rehabilitation programs for drug or alcohol addiction. The Court of Cassation has declared the question of constitutional legitimacy raised concerning Articles 94 of Presidential Decree of October 9, 1990, No. 309, and Article 656, paragraph 9, letter a) of the Code of Criminal Procedure, to be manifestly unfounded.

The Regulatory Context

Within the context of this judgment, it is important to understand the relevant legal provisions. Article 94 of Presidential Decree No. 309/1990 sets forth the provisions relating to probation, while Article 656 of the Code of Criminal Procedure deals with the execution of sentences. The Court emphasized that, unlike what is provided for individuals under house arrest, the norms in question do not stipulate that the execution of the sentence shall be suspended for those undergoing a therapeutic program at the time the judgment becomes final.

The Ruling's Summary

Therapeutic probation - Individuals not in custody undergoing a therapeutic program for drug or alcohol addiction at the time the judgment becomes final - Question of constitutional legitimacy - Manifestly unfounded. The question of constitutional legitimacy of Articles 94 of Presidential Decree of October 9, 1990, No. 309, and 656, paragraph 9, letter a), of the Code of Criminal Procedure, for conflict with Articles 3, 24, and 27 of the Constitution, in the part where, unlike what is established for individuals under house arrest, they do not provide that the execution of the sentence cannot be ordered against individuals not in custody, undergoing an ongoing therapeutic program for drug or alcohol addiction at the time the judgment becomes final, is manifestly unfounded.

This summary highlights the Court's position in assessing the compatibility of the norms in question with the fundamental principles of the Constitution, such as equality (Art. 3), the right to defense (Art. 24), and the principle of rehabilitation of the convicted person (Art. 27).

Implications and Reflections

The Court's decision has significant implications for the treatment of drug and alcohol addicts within the criminal justice system. In particular, the choice not to provide for the suspension of the sentence for those in a therapeutic program opens up a broader reflection on the need for a rehabilitative and reintegrative approach, in line with European trends in criminal justice. It is crucial to consider that the right to health and rehabilitation must be balanced with the needs of justice and societal safety.

• Therapeutic probation: an option for rehabilitation
• Current legislation and its impact
• Reflections on the treatment of individuals in difficulty