Judgment No. 37107 of 2024: Visual and Telephone Meetings in the Prison System
The judgment No. 37107 of June 28, 2024, issued by the Court of Cassation, offers an important reflection on the provisions related to visual and telephone meetings within the context of the Italian prison system. In particular, the Court established that these regulations do not have substantial nature, which implies significant consequences for the rights of inmates. This article aims to analyze in detail the contents of the judgment and the practical implications it entails.
The Meaning of the Judgment
The Court, chaired by G. De Marzo and with rapporteur M. M., annulled with referral a decision of the Surveillance Court of L'Aquila regarding the management of meetings. The ruling of the judgment states:
Regulations governing visual and telephone meetings - Substantial nature - Exclusion - Reasons - Consequences. In the context of the prison system, the provisions related to the regime of visual and telephone meetings do not have substantial nature, as they do not directly pertain to the nature, quality, and quantity of the sentence, but only to the modalities of exercising the rights of the inmate, and therefore, do not fall under the prohibition of retroactive application of less favorable regulations established by Article 25, second paragraph, of the Constitution.
This statement highlights how the regulations regarding meetings do not directly affect the prison sentence, but rather concern the ways in which inmates can exercise their rights. The distinction between substantial and procedural regulations is fundamental in criminal law and has significant implications for the treatment of inmates.
Implications for the Rights of Inmates
The judgment emphasizes that changes to the regime of visual and telephone meetings cannot be considered retroactive unless they directly concern the penalty itself. Below are some key implications:
- The protection of inmates' rights is guaranteed, as new regulations cannot be applied retroactively if they are more unfavorable.
- The modalities of exercising rights do not impact the substance of the penalty and therefore do not violate the principle of legality.
- The legislature has the opportunity to reform the system of meetings without compromising fundamental rights, always in compliance with existing regulations.
Conclusions
In summary, judgment No. 37107 of 2024 represents an important step forward in the protection of inmates' rights within the Italian prison system. It clarifies that the regulations governing visual and telephone meetings should be interpreted as tools for guaranteeing rights, rather than as punitive elements. It is essential that the prison system continues to evolve in respect of human rights, fostering an environment that allows inmates to maintain connections with the outside world, a crucial aspect for their social reintegration.
