The Right to Nurture Family Affection: Comment on Judgment No. 46809 of 2024

The Court of Cassation, with judgment No. 46809 of November 21, 2024, addressed a highly significant issue in the field of criminal law and execution: the right of the inmate to maintain emotional ties with family members, even when they are also subject to a special detention regime, such as that provided for by Article 41-bis. This article analyzes the content of the ruling, highlighting the legal and practical implications.

The Differentiated Prison Regime and the Right to Affection

The differentiated prison regime as per Article 41-bis of Law No. 354 of July 26, 1975, was established to ensure public safety in particularly delicate situations. However, the Court emphasized that the right to cultivate affection with family members is an essential element of the inmate's rights. This right cannot be denied, even when the family member with whom communication is desired is also subject to this regime.

Differentiated detention regime pursuant to Article 41-bis of the Criminal Procedure Code - Right to cultivate family affection - Existence - Visual meetings with relatives under the same regime - Admissibility - Conditions. In the context of the differentiated prison regime as per Article 41-bis of Law No. 354 of July 26, 1975, the right to cultivate family affection through visual meetings pertains to the essential core of the inmate's rights, and can therefore be recognized even when the family member to be met is also subject to the special regime, although a balancing judgment must be made, in concrete terms, between the emotional needs of the incarcerated individual and those of public safety, which, if deemed prevailing, do not allow for the satisfaction of this right, even with the use of audiovisual tools.

The Balancing Between Affection and Security

The ruling highlights the necessity of careful balancing between the emotional needs of the inmate and public safety requirements. Although the right to affectionate communication is a fundamental right, it must be exercised in compliance with safety regulations. This means that, in some cases, security needs may prevail, limiting access to visual meetings. It is essential that the supervising judge evaluates each case based on the circumstances, considering both the inmate's rights and safety needs.

  • The right to have visual meetings is essential for the psychological well-being of the inmate.
  • The balancing must be done on a case-by-case basis, depending on specific conditions.
  • The ruling fits into a broader jurisprudential context, recognizing the importance of inmates' rights.

Conclusions

In conclusion, judgment No. 46809 of 2024 represents a significant step towards recognizing the right of inmates to cultivate affection, even in high-security contexts. While respecting public safety needs, it is crucial to ensure that inmates can maintain family ties, which are essential for their social reintegration and psychological well-being. Italian jurisprudence continues to strive for a balance between individual rights and collective security, a theme of fundamental importance for our legal system.

Bianucci Law Firm