Constitutional Court: the sentence of imprisonment is unconstitutional

The absolute prohibition for the 'impeded convicts' of access to premium permits during detention falls. The Constitutional Court has declared the constitutional illegitimacy of article 4 bis, paragraph 1, of the penitentiary system in the part in which it does not provide for the granting of premium permits in the absence of collaboration with the justice, even if such elements have been acquired by to exclude both the actuality of participation in the criminal association and, more generally, the danger of restoring links with organized crime. Provided, of course, explains Palazzo della Consulta, the condemned person has fully demonstrated his participation in the re-educational path.

The Council took its decision during today's council chamber where it examined the questions raised by the Court of Cassation and the Perugia supervisory court. In both cases, they were two people sentenced to life imprisonment for mafia crimes. The Court, pronouncing itself within the limits of the request of the referring judges, has therefore subtracted the granting of the only permission granted to the general application of the "impediment" mechanism (according to which those convicted of the crimes provided for in article 4 bis who do not cooperate with the sentence after justice cannot access the benefits provided by the prison system for the generality of prisoners). By virtue of the ruling of the 'judges of the law', who in the coming weeks will deposit their sentence with the reasons, the presumption of 'social dangerousness' of the non-cooperating prisoner is no longer absolute but becomes relative and therefore can be superseded by the supervisory magistrate, whose case-by-case assessment must be based on the reports of the prison as well as on the information and opinions of various authorities, from the anti-mafia or anti-terrorism prosecutor to the competent Provincial Committee for public order and security.