Judgment No. 44020/2024: Suspension of the Order for the Execution of Short Custodial Sentences

The judgment no. 44020 of November 7, 2024, filed on December 2, 2024, represents an important ruling from the Court of Reggio Calabria concerning the suspension of the order for the execution of short custodial sentences. In particular, the Court examines the issue of calculating the sentence to be served and the possibility of including the deductions provided for in Article 656, paragraph 10-bis, of the Code of Criminal Procedure.

The Regulatory Context

The issue raised in the judgment concerns the application of Article 656 of the Code of Criminal Procedure, which governs the execution of short custodial sentences. According to the law, it is stipulated that the supervisory magistrate can recognize deductions for the time spent in detention, but only upon demonstrating the convicted person's actual participation in rehabilitation programs.

The Principle of the Judgment

Short custodial sentences - Suspension of the order for execution - Calculation of the sentence - Possibility of considering the deductions referred to in Article 656, paragraph 10-bis, Code of Criminal Procedure - Exclusion - Reasons. In matters of suspension of the order for execution of short custodial sentences, the sentence to be served must be determined without considering the deductions provided for in Article 54 of Law No. 354 of July 26, 1975, even if these must be indicated in the order for execution under Article 656, paragraph 10-bis, of the Code of Criminal Procedure, as it is a benefit that the supervisory magistrate can recognize only following the convicted person's actual participation in rehabilitation efforts.

This principle clarifies that, in the case of short custodial sentences, the court cannot consider the deductions provided for when determining the sentence to be served. This is a crucial aspect, as it implies that the convicted person cannot automatically benefit from any sentence reductions unless they demonstrate active participation in rehabilitation pathways.

The Implications of the Judgment

The repercussions of this judgment are significant, as they place a strong emphasis on the responsibility of the convicted person to demonstrate their commitment to the rehabilitation process. This jurisprudential orientation aligns with the principles of European criminal law, which aim to promote the social reintegration of convicts through rehabilitation measures.

  • Strengthening the principle of individual responsibility.
  • Clarity on the interpretation of the rules regarding deductions.
  • Encouragement to actively participate in rehabilitation programs.

In conclusion, the judgment no. 44020 of 2024 from the Court of Reggio Calabria offers an important reflection on how custodial sentences should be executed and the fundamental role of rehabilitation in punishment. This approach not only ensures greater fairness in the application of justice but also contributes to a more humane view of the penal system.

Bianucci Law Firm