Judgment No. 30970 of 2024: The Right of the Detainee to be Visited by a Trusted Doctor

The recent judgment No. 30970 of 2024, issued by the Court of Cassation, offers significant insights regarding the rights of detainees in pre-trial custody. In particular, the decision highlighted the conditions under which a detainee has the right to be visited by a trusted doctor, a crucial aspect for ensuring respect for the dignity and health of individuals deprived of personal freedom.

The Context of the Judgment

In this case, the investigating judge had denied the request of a detainee, B. P.M., to be visited at his own expense by a trusted doctor. This provision was challenged, leading to the Court of Cassation's evaluation, which annulled the investigating judge's decision, deeming it abnormal and devoid of authority.

Request of the detained defendant to be visited by a trusted doctor - Authorization of the proceeding judge - Conditions. It is abnormal, as it was issued in the absence of authority, the provision by which the investigating judge does not allow, for reasons unrelated to the needs of fact-finding for which the proceedings are underway, the detained defendant in pre-trial custody in prison to be visited at his own expense by a doctor of his choice.

Analysis of the Principle and the Rights Involved

The principle expressed by the judgment reaffirms a fundamental principle: the right to health and defense extends to detainees in pre-trial custody. According to Article 32 of the Italian Constitution, health is a fundamental right, and Law No. 354 of 1975, which regulates the penitentiary system, establishes that every detainee has the right to receive health care. The Court thus emphasized that the denial of a visit from a trusted doctor cannot be justified by reasons unrelated to the proceedings, but must always consider the detainee's right to health.

  • The right to health is guaranteed by the Constitution.
  • Detainees have the right to receive adequate health care.
  • The judge must adequately justify any refusals of requests for medical visits.

Conclusions

Judgment No. 30970 of 2024 represents an important step in the recognition and protection of the rights of detainees. It reaffirms that the legal system must ensure not only a fair trial but also the safeguarding of the health of detainees. It is essential that judicial authorities act in accordance with these principles, ensuring that every detainee can receive the necessary care, even when in pre-trial custody. The decision of the Court of Cassation emphasizes an often-overlooked but essential aspect for the respect of human rights within the Italian criminal system.

Bianucci Law Firm