Early Release and Obstructive Crimes: Analysis of Judgment No. 49625 of 2023

The recent judgment No. 49625 of November 14, 2023, issued by the Court of Cassation, emphasizes a crucial theme in the Italian legal landscape: the granting of early release in the presence of permanent obstructive crimes. This decision, which particularly concerns participation in mafia-type associations, provides food for thought on the evaluation methods of prison benefits.

The Regulatory Context

The issue of early release is governed by Article 4-bis of Law 26/07/1975 No. 354, which establishes the criteria for access to such benefits in relation to specific obstructive crimes. In particular, the Court has highlighted the need to consider the conduct of the convicted person and the period during which their participation in the crime has ceased. This aspect becomes crucial in the case of open contests, where the evaluation must be carried out with particular care.

Analysis of the Judgment

Early release - Permanent obstructive crime with so-called open contest - Cessation of permanence - Concrete verification - Necessity. Regarding prison benefits, for the purpose of granting early release in the presence of a permanent obstructive crime with a so-called open contest (specifically, participation in a mafia-type association), it is necessary for the judge to verify, taking into account the reasoning of the conviction, the dates to which the concrete conduct attributed to the convicted person should be referred and within which it should be considered exhausted.

The Court has emphasized that early release cannot be granted automatically but requires concrete verification by the judge. This means that the magistrate must analyze not only the conviction and its reasoning but also the specific circumstances of the case. In particular, it must be ascertained when the conduct of the convicted person ceased, to evaluate whether the conditions for access to prison benefits exist.

  • Importance of concrete verification by the judge.
  • Need to consider the duration of the criminal conduct.
  • Relevance of the reasoning of the conviction.

Conclusions

Judgment No. 49625 of 2023 represents an important step forward in defining the criteria for granting early release in cases of permanent obstructive crimes. The Court of Cassation, through this decision, reaffirms the principle that each case must be evaluated individually, taking into account the specificities of the convicted person and their conduct. This approach not only ensures greater fairness in the treatment of inmates but also provides an important tool in the fight against organized crime.

Bianucci Law Firm