Understanding the 41-bis Regime in Italian Law

Discover insights and analysis on the 41-bis regime in Italian law, including articles, court decisions, and legal updates, on the Bianucci Law Firm blog.

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Disparities in Treatment within the Prison System: Commentary on Judgment No. 47008 of 2024

The recent ruling no. 47008 of 2024 by the Court of Cassation highlights the illegitimacy of the disparity in treatment between ordinary prisoners and those under the 41-bis regime, invoking principles of equity and justice in the Italian penitentiary system.

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The right to cultivate family affection: commentary on ruling no. 46809 of 2024.

The recent ruling by the Court of Cassation on the 41-bis regime highlights the importance of the right to visual contacts between inmates and their families, even in high-security situations. A necessary balance between affection and security.

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Visual Interviews and Security: Reflections on Judgment No. 49279 of 2023

Judgment No. 49279 of 2023 provides significant insights into the dynamics of conversations between prisoners and their families under the special regime referred to in Article 41-bis, highlighting the security needs and the rights of prisoners.

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Judgment No. 50847 of 2023 and the Differentiated Detention Regime: A Legal Analysis

The recent ruling of the Surveillance Court of Turin clarifies the illegitimacies of the restrictions on outdoor stay for inmates subjected to the regime under Article 41-bis, emphasizing the need for individualized measures.

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Analysis of Judgment No. 51399 of 2023: The Right Balance between Security and Freedom of Correspondence.

The recent ruling no. 51399 of 2023 emphasizes the legality of the retention of correspondence for inmates subjected to the regime under Article 41-bis, highlighting constitutional rights and security needs.

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Commentary on Judgment No. 51407 of 30/11/2023: Reflections on the Differentiated Detention Regime.

Let's analyze the very recent ruling of the Court of Cassation regarding Article 41-bis of the prison system and the implications on the presumption of dangerousness of those sentenced to life imprisonment.

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Judgment No. 15895 of 2024: Extended Conversations and Differentiated Prison Regime

Let's explore the implications of ruling no. 15895 of 2024 regarding the differentiated detention regime and extended visits, analyzing the conditions and rights of prisoners.

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Judgment No. 15153/2022: The Right of Prisoners to Send Postal Packages

The recent ruling clarified that, under the prison regime pursuant to Article 41-bis, there is no subjective right for inmates to send postal packages. Let us analyze the legal implications of this decision.

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Commentary on Sentence No. 37887 of 2024: Extension of the Detention Regime pursuant to Article 41-bis.

The ruling no. 37887 of 2024 offers important insights into the extension of the differentiated detention regime and the need for careful assessment of the danger related to the operation of criminal associations.

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Analysis of Judgment No. 37519 of 2024: Differentiated Detention Regime and Right to Information

The ruling no. 37519 of 2024 clarifies the dynamics of the differentiated prison regime pursuant to Article 41-bis, excluding the obligation to communicate with the inmate and establishing the right to access documents. Let’s explore the legal significance of this decision.