Disparity of Treatment in the Prison System: Commentary on Judgment No. 47008 of 2024

Judgment No. 47008 of November 20, 2024, by the Court of Cassation represents an important milestone in the debate on the differentiated prison regime provided for by Article 41-bis of the prison system. With this decision, the Court reaffirmed the illegitimacy of the measure that applied lower spending limits for inmates subjected to special regimes compared to common inmates, highlighting a disparity of treatment that cannot be justified.

The Regulatory Context and the Judgment

The issue raised by the judgment concerns the circular of October 11, 2018, which established new spending limits for inmates. The Court stated that the application of such limits only to common inmates creates an unjustified disparity, as it cannot be justified for public safety needs. It is essential to remember that Article 41-bis provides for special measures for inmates considered more dangerous, but this should not translate into discriminatory treatment compared to other inmates.

Differentiated detention regime pursuant to Article 41-bis of the penal code - Spending limits - Administration's measure determining them at a lower level compared to common inmates - Illegitimacy - Reasons. Regarding the differentiated prison regime pursuant to Article 41-bis of the penal code, it is illegitimate for the administration to apply the new spending limits provided by the circular of October 11, 2018, only to common inmates, resulting in a disparity of treatment that is not justified by public safety needs, due to the modest increase in personal funds and the rigidity of the rules regarding the purchase of goods by inmates subjected to the special regime.

The Implications of the Judgment

This judgment not only emphasizes the need for fair treatment among inmates but also calls for the responsibility of the prison administration in ensuring fundamental rights. Disparities in treatment, besides being unjust, can compromise the rehabilitative process of inmates, which is one of the main objectives of the penal system. In this regard, it is important to consider:

  • The principle of equality enshrined in Article 3 of the Italian Constitution.
  • European provisions on the rights of prisoners, aimed at ensuring dignified and humane treatment.
  • The role of jurisprudence in monitoring and correcting injustices within the prison system.

Conclusions

Judgment No. 47008 of 2024 represents a significant step towards the protection of inmates' rights in Italy. It imposes a reconsideration of prison policies to ensure fair and just treatment for all, without distinctions based on unjustifiable criteria. Administrations must pay attention to these principles, ensuring that the rules are applied uniformly, in respect of human dignity and fundamental rights.

Bianucci Law Firm