Judgment No. 24873 of 2023: Security Measures and Social Dangerousness

The recent judgment no. 24873 of April 21, 2023, issued by the Court of Cassation, provides important clarifications regarding the application of personal security measures for individuals convicted of mafia-type criminal association. The core of the decision lies in the assessment of the actual social dangerousness of the convicted individual, a crucial aspect that must always be considered before adopting such measures.

The Regulatory Context

According to Italian criminal law, security measures are legal tools aimed at protecting society from individuals deemed dangerous. In particular, Article 417 of the Penal Code provides the possibility of applying security measures in cases of convictions for criminal association, but only after a careful evaluation of the social dangerousness of the convicted individual. The amendment introduced by Article 31, paragraph 2, of Law No. 633 of October 10, 1986, has further strengthened this necessity.

Application of personal security measures - Subject convicted for mafia-type criminal association - Concrete assessment of the actual dangerousness of the convicted individual - Necessity - Existence - Criteria - Indication. Regarding security measures, after the amendment introduced by Art. 31, paragraph 2, Law No. 633 of October 10, 1986, according to a constitutionally oriented interpretation, their application, including that provided for by Art. 417 of the Penal Code, can only be ordered, even by the judge of the cognizance, after the express positive scrutiny of the actual social dangerousness of the convicted individual, to be assessed in concrete terms based on the elements referred to in Art. 133 of the Penal Code, globally evaluated, without the possibility of resorting to any form of legal presumption, even if qualified as simple.

The Criteria for Assessing Dangerousness

The Court, in its ruling, emphasizes that the judge must carry out a concrete analysis and not rely on legal presumptions. This means that each case must be examined individually, taking into account various factors, including:

  • The type of crimes committed by the individual;
  • The social and relational context in which the convicted individual operates;
  • Any signs of remorse or changes in behavior;
  • The opinions of experts and consultants regarding the psychological profile of the convicted individual.

This approach ensures a fairer method that respects individual rights, avoiding indiscriminate applications of security measures.

Conclusions

Judgment no. 24873 of 2023 represents a significant step towards a more equitable justice system that respects human rights. The necessity for a concrete assessment of social dangerousness not only protects society but also provides the convicted individual with the opportunity for a fair evaluation. With this approach, the Italian legal system moves closer to a more modern and humane conception of justice, focusing on the individual and their real characteristics.

Bianucci Law Firm