Disparities in Treatment within the Penitentiary System: Commentary on Judgment No. 47008 of 2024

Judgment No. 47008 of November 20, 2024, by the Court of Cassation represents an important step in the debate on the differentiated penitentiary regime provided for by Article 41-bis of the penitentiary law. With this decision, the Court reiterated the illegitimacy of the provision that applied lower spending limits for inmates subjected to special regime compared to ordinary inmates, highlighting a disparity in treatment that cannot be justified.

The Regulatory Context and the Judgment

The issue raised by the judgment concerns the circular of October 11, 2018, which established new spending limits for inmates. The Court stated that the application of these limits only to ordinary inmates creates an unjustified disparity, as it is not justified by public security needs. It is crucial to remember that Article 41-bis provides for special measures for inmates considered more dangerous, but this must not translate into discriminatory treatment compared to other inmates.

Differentiated detention regime pursuant to art. 41-bis of the penitentiary law - Spending limits - Administrative provision determining them at a lower amount than for ordinary inmates - Illegitimacy - Reasons. Regarding the differentiated penitentiary regime pursuant to art. 41-bis of the penitentiary law, an administrative provision that applies the new spending limits provided for by the circular of October 11, 2018, only to ordinary inmates is illegitimate, as it results in a disparity of treatment not justified by public security needs, given the modest increase in personal funds and the rigidity of the rules regarding the purchase of goods by inmates subjected to the special regime.

Implications of the Judgment

This judgment not only underscores the need for fair treatment among inmates but also calls for the responsibility of the penitentiary administration in guaranteeing fundamental rights. Disparities in treatment, besides being unjust, can compromise the rehabilitative process of inmates, which is one of the main objectives of the penal system. In this regard, it is important to consider:

• The principle of equality enshrined in Article 3 of the Italian Constitution.
• European provisions on the rights of detainees, which aim to ensure dignified and humane treatment.
• The role of jurisprudence in monitoring and correcting injustices within the penitentiary system.

Conclusions

Judgment No. 47008 of 2024 represents a significant step towards the protection of inmates' rights in Italy. It requires a rethinking of penitentiary policies to ensure fair and just treatment for all, without distinctions based on unjustifiable criteria. Administrations must pay attention to these principles, ensuring that rules are applied uniformly, respecting human dignity and fundamental rights.