Analysis of Judgment No. 37523 of 2024: Therapeutic Probation and Crimes under Article 4-bis
Judgment No. 37523 of July 2, 2024, filed on October 11, 2024, provides an important reflection on therapeutic probation, particularly regarding the conditions for access to this alternative measure to detention. The case in question, addressed by the Court of Cassation, clarifies the limits and applicable rules when the custodial sentence to be served exceeds four years.
Conditions for Access to Therapeutic Probation
The Court reiterated that, to gain access to therapeutic probation, it is necessary for the imposed sentence not to exceed six years, or four years if related to crimes under Article 4-bis of Law No. 354 of July 26, 1975. This article concerns particularly serious crimes, such as those related to mafia association or drug trafficking.
It is essential to note that, as established by the judgment, the virtual splitting of the cumulative sentences is not allowed if the sentence to be served exceeds four years. This means that it is not possible to separate the sentences in order to attempt to fall within the limits provided by law for access to this measure.
Summary of the Judgment
Alternative measures to detention - Therapeutic probation - Conditions - Custodial sentence to be served not exceeding four years, including crimes under Article 4-bis of the Penal Code - Non-splittability of the cumulative sentences - Exclusion. Regarding therapeutic probation, since the condition for access to the measure requires that the custodial sentence imposed or still to be served is within the limit of six years or four years if related to an enforceable title including crimes under Article 4-bis of Law No. 354 of July 26, 1975, the virtual splitting of the cumulative sentences is not allowed in the case of a custodial sentence to be served exceeding four years, in order to attribute the time already served to the relevant crimes.
This summary, in addition to clarifying the minimum access conditions, highlights the importance of consistency in the application of the rules, avoiding interpretations that could undermine the sense of justice and deterrence provided by law.
Conclusion
Judgment No. 37523 of 2024 represents a significant step in defining alternative measures to detention in Italy. By clarifying the time limits and conditions for therapeutic probation, the Court of Cassation offers a useful reference tool for legal professionals and practitioners. The importance of adhering to the regulatory provisions, particularly concerning the crimes under Article 4-bis, is essential to ensure a fair and just application of the law, while also protecting the fundamental principles of our criminal justice system.
