Parliament begins to move to remedy the legislative vulnus on life imprisonment. After the collection of signatures promoted in recent months by the newspaper and by fattoquotidiano.it to request a legislative intervention after the sentence of the Consulta, the parliamentary Anti-Mafia commission has approved an in-depth and detailed report.
The San Macuto dossier relates to article 4bis of the penitentiary system and the consequences of sentence no. 253 of 2019 of the Constitutional court, which he had declared inadmissible foreclosure ai premium permits for who does not cooperate with justice even if elements have been acquired that exclude the topicality of participation in the criminal association. Within the report they are detailed two hypotheses for reform and some guidelines to provide criteria to surveillance magistrates called to decide on the requests for award permits presented by the convicted and especially for association crimes, for mafia crimes and organized, subversive or terrorist crime and drug trafficking.
Morra: “Duty of the legislator to intervene” – The report, approved on May 20 and with the abstention of the main minority groups, was at the center today of the press conference of the president of the Anti-Mafia commission, Nicola Morra, and the senator Pietro Grasso and the deputy of the M5s Stefania Ascari, members of Palazzo San Macuto and speakers of the document. “It is the duty of the legislator intervene in a timely manner and take all necessary measures for the safety of people, social groups and communities, developing rules that ensure protection against organized crime. We expect government and parliament to do exactly this document, turning it into norm using the criteria it contains, ”said President Morra. “The ruling of the European Court of Human Rights has deemed incompatible with fundamental rights the institution of life imprisonment which prohibits prize permits and penalty discounts for mafia members who do not collaborate with justice: the end is never wiped out “, Added the president of San Macuto, adding that”the weakening of the penitentiary system aimed at overcoming the 4bis of the penitentiary system, which was commissioned by Falcone, today is a very worrying figure and endangers years of fighting the mafia and organized crime. ”
The two hypotheses: territorial courts or a central court – Senator Grasso, however, explained the two hypotheses for reform. The first: to attribute to the court of territorial surveillance the competence for the applications for award permits presented by convicts and internees for association crimes, for mafia crimes and for organized, subversive or terrorist crime and for drug trafficking. The latter solution would be ensured by a collective judgment and also strengthened by the presence of the expert members not involved and by the participation in the public prosecution hearing. The possibility of evaluating any complaints would then be entrusted to Supreme Court. The former national anti-Mafia prosecutor explained that detainees for mafia crimes “are about 9 thousand, for this reason, giving the whole national territory this competence to decide would be a considerable load. The supervisory judiciary by definition is a judiciary that defines itself as proximity, that is, very close to those who administer the prison position. Transferring from the single magistrate, who may not have all the tools to decide, to the surveillance court for association crimes, seems to me to be a better solution “. The other hypothesis proposed within the report is to provide for an exclusive jurisdiction by the Rome Supervisory Court, therefore the concentration with a single court with national jurisdiction, regarding the evaluation of access to penitentiary benefits, with the possibility of making a complaint that is assessed by an appeal court in Rome integrated by the presence of experts or directly the appeal to the Court of Cassation .
The report: “After the ECHR and Consult new regulatory solutions” – In the work of the Anti-Mafia Commission it is emphasized that the “absolute presumption of danger of the person convicted of any of the offenses listed 4bis of the penitentiary system that can only be overcome by collaborative conduct, constituted a fundamental mechanism in the process of dismantling criminal organizations “. Following the judgments of the ECHR and of Consult, “The transformation of the absolute presumption of danger into relative presumption”, according to the Anti-Mafia Commission “can only be supported by new regulatory solutions“.
The double track for granting prize permits – According to the Commission it is necessary fix a double track depending on the offenses for which the conviction occurred and it is proposed that for the offenses “connected with organized, terrorist and subversive crime“Serious on the condemned” the burden of providing allegations, based on precise, concrete and current factual elements, the exclusion of maintaining contacts with the mafia organization and the danger of restoration “. According to the Anti-Mafia Commission it is a question of elaborating “criteria“On the basis of which the supervisory judiciary can carry out a check to decide on the possible access to penitentiary benefits. According to the Commission “the application to grant the benefits it cannot be generic, but must contain a specific attachment of the elements that prove the required conditions; in the absence of this specific attachment, the supervisory judiciary may declare the application inadmissible “. The report reads: “Other elements and circumstances that the supervisory judiciary will and will be able to evaluate for the purposes of granting the benefits may be, by way of example: whether or not to continue operating of the criminal association; the criminal profile of the sentenced person and his position within the association; the ability manifested during the detention to maintain connections with the original membership association or with other organizations, networks or coalitions, including foreign ones; the occurrence of new indictments or significant disciplinary offenses; the admission of the criminal activity carried out and of the relationships and relationships maintained; critical evaluation of the experience in relation to repentance; the economic availabilities of the sentenced person within the penitentiary institutions as well as those of his family members; the existence of concrete and fair remedial conduct, also of a non-economic nature “. Among other topics to consider, the application of one of the mitigating circumstances provided for by the rules or “the intervening adoption of property orders and their state of actual execution”.
“Data on clinical conditions in the prisoner’s file” – So here are the proposals. “In order to ensure adequate circularity of information and to encourage the work of surveillance magistrates, also because of the transfer of prisoners from one prison to another “, the Commission proposes” that against all those convicted of the crimes referred to in Article 4-bis, paragraph 1 of the penitentiary system, the electronic file of the prisoner or intern (Sidet) is effectively implemented, in which, among other things, the digital medical record, in order to allow the doctors who take charge of him to know in real time the health conditions of the prisoner or the intern, without waiting for the data to pass from the ASL of origin. ” In addition, “they must consequently be foreseen adequate measures that guarantee updating and the completeness of the dossier, so that the data contained can be adequately valued by the magistrate and / or by the surveillance court, as well as by the national anti-mafia and anti-terrorism prosecutor’s office, for the purposes of the relevant assessments on the provision of penitentiary benefits. The report underlines that, also in light of the work done and what happened in the course of the Covid emergency, there was a need for a specific future study by the Commission on the “issue of enhancing penitentiary health”.
The precedent and the collection of signatures of the Fact – The Antimafia report, as mentioned, comes after the collection of signatures of the Daily Fact that asked Parliament to intervene on a vulnus danger. In fact, in October 2019, the Consult he has declared unconstitutional Article 4 bis paragraph 1 of the Penitentiary Order “in the part in which does not provide for the granting of prize permits in the absence of collaboration with justice, even if elements have been acquired that exclude both the topicality of participation in the criminal association and, more generally, the danger of re-establishing connections with organized crime. Provided, of course, that the sentenced person has given full proof of participation in the rehabilitation course “. In fact, a remediable regulatory hole was created only with the intervention of the legislator who approves a new regulation that establishes fixed parameters and principles to be followed to grant or deny permits for “hostile” life sentences. The Palazzo San Macuto report is the first step: now the ball goes to Parliament.