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Prison Visits: Ruling No. 35470 of 2023 and Exceptional Circumstances

The ruling No. 35470 of March 24, 2023, filed on August 23, 2023, provides significant insights regarding the regulation of prison visits, particularly regarding the possibility of extending them in the presence of "exceptional circumstances." This measure from the Surveillance Court of Rome rejects the idea of a permanent authorization, emphasizing the importance of a case-by-case assessment.

The Regulatory Context

According to Article 37, paragraph 10, of the Presidential Decree of June 30, 2000, No. 230, it is stipulated that visits with inmates may be extended in extraordinary situations. However, the ruling highlights that such an extension cannot be granted automatically or permanently, but must be authorized each time, after verifying the specific circumstances.

01 President: ROCCHI GIACOMO. Rapporteur: CALASELICE BARBARA. Reporter: CALASELICE BARBARA. Defendant: CUCCARO LUIGI. P.M. ODELLO LUCIA. (Partial Diff.) Rejects, SURVEILLANCE COURT OF ROME, 09/29/2022 563000 INSTITUTIONS FOR PREVENTION AND PUNISHMENT (PENITENTIARY SYSTEM) - Visits - Extension for "exceptional circumstances" - Permanent authorization - Exclusion - Verification for each individual visit - Necessity - Case. In the context of the penitentiary system, the extension of the visit, under Article 37, paragraph 10, first part, Presidential Decree of June 30, 2000, No. 230, may not be authorized permanently, but from time to time, subject to verification of the recurrence of "exceptional circumstances." (Case in which it was excluded that the health conditions of the inmate's family member could justify the permanent extension of the visit).

Practical Implications of the Ruling

The decision of the Surveillance Court of Rome has significant practical repercussions. It clarifies that the health conditions of a family member of the inmate, although significant, cannot justify an automatic extension of the visit. This leads to several considerations:

  • Need for a case-by-case assessment for each extension request.
  • Strengthening of the regulatory framework concerning the penitentiary system.
  • Possible appeals and disputes from inmates and family members in case of denial.

Conclusions

Ruling No. 35470 of 2023 represents an important step forward in clarifying the rules governing prison visits. It reaffirms the necessity for prudent and situational management of extension requests, avoiding interpretations that could lead to unjustified privileges. In a delicate legal context such as the penitentiary system, every decision must be considered and justified, ensuring compliance with the law and the rights of inmates.