• via Alberto da Giussano, 26, 20145 Milano
  • +39 02 4003 1253
  • info@studiolegalebianucci.it
  • Criminal Lawyer, Family Lawyer, Divorce Lawyer

Probation and Semi-liberty Measures: Commentary on Cass. Pen., Section I, No. 37090 of 2024

The ruling No. 37090 of 2024 by the Court of Cassation, Section I Criminal, offers important insights into the institution of probation and the assessment of alternative measures to detention. In this article, we will analyze the main aspects of the decision, highlighting the criteria used by the Court to reject the appeal submitted by A.A., convicted for fraudulent bankruptcy.

The Case Context

The Surveillance Court of Palermo had declared the request for probation by A.A. inadmissible, instead admitting him to semi-liberty. The defense contested this decision, arguing that the findings of the UEPE highlighted a path of social reintegration for the convicted individual, who had been working for six years in a family business and had made himself available for volunteering activities.

The assessment of the request for probation cannot overlook the conduct exhibited by the convict after the commission of the crime and their current behaviors.

The Legal Principles Underlying the Decision

The Court recalled the principle that probation, regulated by Article 47 of the penitentiary system, is an alternative measure to detention aimed at the rehabilitation of the offender and the prevention of recidivism. Established jurisprudence stipulates that, to grant such a measure, it is not sufficient to demonstrate a complete critical review of one’s past behavior; rather, a careful assessment of the conduct following the conviction is necessary.

  • The Importance of Post-Conviction Conduct: The conduct exhibited by the convict after the commission of the crime is fundamental in assessing the possibility of reintegration.
  • The Role of the Severity of the Crime: The Court considered the seriousness of the crime of fraudulent bankruptcy, along with prior criminal records, as decisive elements in the decision.
  • The Principle of Graduality: The granting of semi-liberty is seen as a gradual step towards social reintegration, maintaining control over the convict.

Conclusions

In summary, the ruling No. 37090 of 2024 highlights that the assessment of probation must take into account not only the nature of the crime but also the conduct exhibited by the convict subsequent to the conviction. The Court demonstrated its commitment to applying the rules rigorously, emphasizing the fundamental role of graduality in alternative measures, to ensure effective and controlled social reintegration. This approach represents not only a safeguard for society but also an opportunity for the convict to rehabilitate and reintegrate into the social context.