Surrogatory Semi-liberty: Commentary on Judgment No. 24438 of 2023

The recent ruling No. 24438 of April 26, 2023, issued by the Court of Cassation, has sparked considerable interest in the legal world, particularly regarding alternative measures to detention. This decision clarifies that the so-called surrogatory semi-liberty can also be granted to those convicted of serious crimes, as provided by Article 4-bis of the Penal Code. But what does this decision actually mean, and what are the practical implications for the penitentiary system?

The Regulatory Context and the Court's Decision

The Court of Cassation examined the case of a defendant, D. A., convicted of crimes provided for by Articles 4-bis, paragraphs 1-ter and 1-quater of Law No. 354 of July 26, 1975, concerning the penitentiary system. The ruling states that the surrogatory semi-liberty, governed by Article 50, paragraph 2, of the same law, can also be granted in the presence of convictions for serious crimes. This represents an important opening of the system, as traditionally alternative measures were reserved for those convicted of less serious offenses.

01 President: ROCCHI GIACOMO. Rapporteur: BIANCHI MICHELE. Defendant: ABBATI DAVID. Public Prosecutor: SERRAO D'AQUINO PASQUALE. (Diff.) Annuls with referral, TRIB. SORVEGLIANZA ROMA, 06/10/2022 563000 INSTITUTIONS OF PREVENTION AND PUNISHMENT (PENITENTIARY SYSTEM) - Alternative measures to detention - So-called surrogatory semi-liberty - Convicted for crimes provided for by Article 4-bis, paragraphs 1-ter and 1-quater of the penitentiary regulations - Grantability. Regarding alternative measures, the so-called surrogatory semi-liberty referred to in Article 50, paragraph 2, third period, Law No. 354 of July 26, 1975, can also be granted in the case of conviction for one of the crimes indicated in Article 4-bis, paragraphs 1-ter and 1-quater of the same law.

Implications of the Ruling

This decision has a significant impact on the treatment of incarcerated individuals and their potential reintegration into society. The possibility of accessing surrogatory semi-liberty, even for those who have committed serious crimes, represents a paradigm shift in penal treatment and the management of sentences. The implications are as follows:

  • Promoting social reintegration: access to alternative measures can reduce the risk of recidivism, facilitating the reintegration of convicted individuals.
  • Respecting human rights: the decision aligns with the principles of dignity and respect for human rights, promoting a more humane treatment of detainees.
  • Alleviating prison overcrowding: granting alternative measures can help reduce the number of inmates in Italian prisons, a chronic issue in our penitentiary system.

Conclusions

Judgment No. 24438 of 2023 marks an important step forward in the recognition of alternative measures to detention in our legal system. The Court of Cassation has demonstrated an innovative vision, considering surrogatory semi-liberty not as a privilege reserved for a few, but as a useful tool for rehabilitation and social reintegration. It is essential that legal operators and institutions commit to ensuring the effective application of these measures so that they can contribute to a more just and equitable penal system.

Bianucci Law Firm