Judgment no. 30702 of 2024: Non-retroactivity of Legislative Changes on Prison Benefits

The judgment no. 30702 of April 16, 2024, of the Court of Cassation fits into a highly relevant legal context, addressing the issue of prison benefits and their application in relation to legislative changes. This ruling establishes a clear principle: legislative changes that make access to prison benefits more burdensome cannot be applied retroactively, thereby protecting the rights of the convicted.

The Principle of Non-retroactivity

The principle of non-retroactivity of criminal laws is enshrined in Article 25, second paragraph, of the Italian Constitution, which establishes that no one can be punished under a law that was not in force at the time the crime was committed. The Constitutional Court has interpreted this principle broadly, asserting that not only criminal provisions but also those regulating prison benefits must respect this principle.

The case examined by the Court concerned a prisoner, V. R., who had submitted a request for admission to semi-liberty. The legislative changes that occurred after the commission of the crime had made access to such benefits more stringent. The Court thus confirmed that, based on judgment no. 32 of 2020, the new provisions cannot be applied retroactively.

The Implications of the Ruling

Prison benefits - Legislative changes subsequent to the crimes for which a conviction has occurred - Non-retroactivity of new provisions that make access to benefits more burdensome - Case at hand. In terms of prison legislation, legislative changes subsequent to the events leading to conviction that make access to alternative measures to detention and "extra moenia" prison benefits more burdensome, subjecting the convicted person to a treatment harsher than what was reasonably foreseeable at the time of the commission of the crime, cannot be applied retroactively, in light of the interpretation of Article 25, second paragraph, of the Constitution adopted by the Constitutional Court in judgment no. 32 of 2020. (Case concerning a request for admission to semi-liberty submitted by a prisoner for acts committed under the provisions introduced by the decree law of May 13, 1991, no. 152, converted, with modifications, by law of July 12, 1991, no. 203, in which the Court deemed subsequent legislative changes, which were detrimental in relation to the individual situation of the applicant, inapplicable).

This ruling thus has significant consequences for the Italian prison system. Among the main implications, the following can be listed:

  • Protection of the rights of prisoners, ensuring that harsher laws cannot be applied retroactively.
  • Clarity and certainty of the law, preventing prisoners from being subjected to unexpected and harsher treatments.
  • Encouragement for a review of legislative policies regarding justice and prisons, to ensure that the regulations respect human rights.

Conclusions

In conclusion, judgment no. 30702 of 2024 represents an important step in the protection of the rights of the convicted, emphasizing the importance of respecting the principle of non-retroactivity of criminal laws. This principle not only guarantees greater protection for prisoners but also contributes to maintaining a fair and predictable legal system. It is essential that future legislative changes take these principles into account to avoid compromising the fundamental rights enshrined in our Constitution.

Bianucci Law Firm