Commentary on Judgment No. 36919 of 2024: Therapeutic Probation and Constitutional Legitimacy
Judgment No. 36919 of 2024, filed on October 3, 2024, addresses a matter of fundamental importance in Italian criminal law: the issue of therapeutic probation for individuals who are free and undergoing rehabilitation programs for drug or alcohol addiction. The Court of Cassation declared the question of constitutional legitimacy raised regarding Articles 94 of the Presidential Decree of October 9, 1990, No. 309 and 656, paragraph 9, letter a) of the Code of Criminal Procedure to be manifestly unfounded.
The Regulatory Context
In the context of this judgment, it is important to understand the regulatory references involved. Article 94 of Presidential Decree No. 309/1990 establishes the provisions related to probation, while Article 656 of the Code of Criminal Procedure deals with the execution of the sentence. The Court emphasized that, unlike what is provided for individuals under house arrest, the regulations in question do not stipulate that the execution of the sentence be suspended for those undergoing a therapeutic program at the time the judgment becomes final.
The Summary of the Judgment
Therapeutic probation - Individuals who are free and undergoing a therapeutic program for drug or alcohol addiction at the time the judgment becomes final - Question of constitutional legitimacy - Manifestly unfounded. The question of constitutional legitimacy of Articles 94 of the Presidential Decree of October 9, 1990, No. 309 and 656, paragraph 9, letter a), of the Code of Criminal Procedure, for contradiction with Articles 3, 24, and 27 of the Constitution, is manifestly unfounded, in that it does not provide, unlike what is established for individuals under house arrest, that the execution of the sentence cannot be ordered against individuals who are free and undergoing a therapeutic program for drug or alcohol addiction at the time the judgment becomes final.
This summary highlights the Court's position in evaluating the compatibility of the regulations in question with the fundamental principles of the Constitution, such as equality (Art. 3), the right to defense (Art. 24), and the principle of rehabilitation of the convicted (Art. 27).
Implications and Reflections
The Court's decision has important implications for the treatment of individuals with drug and alcohol addictions within the criminal system. In particular, the choice not to provide for the suspension of the sentence for those in therapeutic programs opens up a broader reflection on the need for a rehabilitative and reintegrative approach, in line with European guidelines on criminal justice. It is essential to consider that the right to health and rehabilitation must be balanced with the needs of justice and society's safety.
- Therapeutic probation: an option for rehabilitation
- Current regulations and their impact
- Reflections on the treatment of individuals in difficulty
