The lack of collaboration with the justice system cannot prevent the granting of detainee permits sentenced to the maximum sentence, also due to mafia and terrorism. This was established by the Constitutional Court, deciding on the so-called obstacle life sentence. An appeal lodged by the magistrates of the Perugia surveillance court was accepted in this regard.
The Court – the press office explains – has declared illegitimacy constitutional of article 4 bis, paragraph 1, of the penitentiary system in the part in which it does not provide for the granting of award permits in the absence of collaboration with the justice, even if elements have been acquired that would exclude both the actuality of the participation in the criminal association is, more generally, the danger of restoring links with organized crime. Provided, of course, the convict has given full proof of participation in the re-educational path.
The ruling establishes that the supervisory judges they will always have to assess the social dangerousness of the prisoner and the fact that the ergastolano did not cooperate with the judiciary will no longer be a refusal (impediment). At the beginning of October, the European Court of Human Rights also ruled that denying benefits regardless of a prisoner, only based on the type of crimes to which he was convicted, constituted a violation. At this point there are many convicts who can appeal: from the boss Leoluca Bagarella to Giovanni Riina, from Francesco Sandokan Schiavone to Michele Zagaria, to the neo-Red Brigades Nadia Lioce.
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