The law 354/1975
Treatment and re-education
The prisoners must be treated humanely and respect
for personal dignity must be ensured.
Treatment is marked by absolute impartiality without
any discrimination as to nationality, race and economic or social
conditions, political opinions and religious beliefs.
Order and discipline must be preserved in the institutions.
No restrictions may be adopted that cannot be justified by the envisaged
means or, with regard to remand prisoners, that are not essential
for judicial purposes.
Prisoners and internees are to be called or referred
to by their name.
Treatment of the remand prisoners must be strictly
based on the principle that they are considered innocent until they
have been found guilty.
Prisoners and internees must undergo re-education
which will be aimed at their reinsertion into society, also through
their contacts with the external environment. This treatment is performed
in accordance with a criterion of 2 individualisation with regard
to the subjectsí specific conditions.
Costs of carrying out the sentence and supplying the
necessary security measures
The costs of carrying out the sentence and supplying
the necessary security measures are borne by the State.
Refund of costs incurred for the maintenance of
prisoners is performed in accordance with the terms of articles 148,
188, 189 and 191 of the Penal Code and article 274 of the Code of
Refund of costs incurred for the maintenance of
internees is performed by withdrawal of a portion of the remuneration
in accordance with the last paragraph of article 213 of the Penal
Code, or by the measures relevant to the refund of hospital costs,
set out in the last part of article 213 of the Penal Code.
The maintenance costs are those relating to food
The refund of maintenance expenses involves a proportion
of no more than two thirds of the actual cost. The Minister of Justice
will determine the average proportion for maintaining prisoners in
all the Republicís penal institutions at the beginning of every fiscal
year, after having consulted the Treasury Minister.
Exercise of the rights of prisoners and internees
Prisoners and internees will personally exercise
the rights deriving from this law, even if they prove to be legally
deprived of civil rights.
Clothing and equipment
Each person is provided with underwear, clothing
and sufficient equipment, in a good state of repair, clean and such
as to ensure that the normal necessities of life are satisfied.
The uniform is made of a plain-coloured fabric and
is cut in a decent style. A work outfit is permitted when the activity
performed renders such clothing necessary.
Remand prisoners and prisoners serving a sentence
of less than one year may wear their own clothes, provided that these
are clean and suitable. In any case, clothing provided for remand
prisoners must be different from that worn by prisoners and internees.
Prisoners and internees may be allowed to use their
own equipment and objects that have a special moral or sentimental
value for them.
The adequate and sufficient use of handbasins and
baths or showers is ensured for prisoners and internees, as well as
other items necessary for personal care and cleanliness,
Services are organised in every prison for periodic
hair-cuts and shaves. The use of a personal electric razor may be
A hair-cut and shave may be compulsory only for
particular reasons of hygiene and health.
Prisoners and internees are assured of a healthy
and adequate diet, appropriate for their age and gender, their state
of health, work, the season and the climate.
Food is provided as a rule on the premises destined
for that purpose.
Drinking water must always be available for prisoners
The quality and quantity of the daily food supply
are determined by consulting special tables approved by ministerial
As a rule, the provisions are managed directly by
the prison administration.
Representatives of the prisoners or internees, appointed
every month by drawing lots, check the correct application of the
tables and the preparation of the food.
Prisoners and internees are allowed to buy food
and items for their comfort at their own expense, within the limits
set by the regulations, at the stores directly managed by the prison
administration or by firms selling at prices controlled by the municipal
authority. Prices may not exceed those commonly quoted in the place
where the prison is situated. The representative body mentioned in
the previous paragraph, completed by a delegation appointed by the
Governor and chosen from among the civilian staff of the institution,
checks the quality and prices of the goods sold therein.
Those who do not work out-of-doors are allowed to
stay outside in the open air for at least two hours a day. This period
may be reduced to not less than one hour a day and only for exceptional
Those allowed to stay out-of-doors must be in groups,
except for the cases indicated in article 33 and in numbers 4) and
5) of article 39, and will take part in physical exercise if possible.
Every penal institution is provided with a medical
service and a pharmaceutical service that answer to the preventive
treatment and medical attention necessary for the prisonersí and interneesí
health. At least one psychiatric specialist is also available in each
Where necessary treatments or diagnostic assessments
cannot be provided by the prisonsí health services, the prisoners
and internees concerned will be transferred to civilian hospitals
or other centres for treatment outside the institution, by permission
of the supervisory magistrate. With regard to remand prisoners, such
transfers are ordered by the supervisory magistrate before the judgement
of first instance, during the preliminary investigation; by the Public
Prosecutor during the summary proceedings and, in the case of summary
proceedings, until the accused is admitted to Court; by the presiding
judge during the preliminary hearing and during the trial; by the
lower Court judge for proceedings within his province; by the presiding
judge of the Court of Appeal during preliminary proceedings at Assizes,
until the Court itself is convened, and by the presiding judge of
the same following convocation.
The competent Court, in accordance with the previous
paragraph, may decide that the prisoners and internees transferred
to a civilian hospital or other external centres for treatment by
its own authority or authorised by the prison Governor, need not be
guarded while hospitalised if there is no danger of their escaping,
unless a guard is necessary for their personal safety.
A prisoner or internee who is not being guarded
and leaves the hospital or other centre of treatment without a justified
motive is liable to punishment according to the first paragraph of
article 385 of the Penal Code.
On entering the prison, the persons in question
undergo a general medical examination in order to ascertain any physical
or psychiatric problems. Treatment is given while the said person
remains in the prison with regular and frequent check-ups, irrespective
of whether the persons concerned request them.
The doctor must examine patients and those who request
an examination every day; he must immediately notify any illnesses
that call for a specialised examination and specialist treatment;
he must also periodically check the prisonersí fitness to perform
the work allotted to them.
Prisoners and internees suspected or diagnosed as
suffering from contagious disease are isolated immediately. In the
case of suspected psychological illness, the appropriate measures
are adopted without delay, in observance of the regulations concerning
psychiatric treatment and mental health.
Special services for the treatment of pregnant women
and women in childbirth are available in every womenís prison.
Mothers are allowed to keep their children with
them until the age of three. Suitable nurseries are organised for
the care of children.
The prison administration may avail itself of collaboration
with the local public health services, for in- and out-patients, with
regard to the organisation and functioning of the health service,
in agreement with the Region and in line with the approach of the
Ministry of Health.
Prisoners and internees may request examination
by a doctor they trust, at their own expense. As regards remand prisoners
authorisation is necessary from the magistrate who is undertaking
the inquiry, until the judgement of first instance has been delivered.
The provincial medical officer visits the preventive
institutions and prisons at least twice a year, in order to check
their hygienic - sanitary state, the adequacy of the preventive measures
with regard to infectious diseases organised by the prison heath service
and the hygienic and sanitary conditions of those persons confined
in the prison.
The provincial medical officer reports to the Ministries
of Health and Justice on his examinations and on any measures to be
adopted, also reporting to the competent regional departments and
the supervisory magistrate.
Equipment for work, education and recreation
Equipment for performing such activities as work,
scholastic and professional education, recreation, culture and any
other kind of communal activity is provided in the penal institutions,
according to the requirements of the treatment.
The institutions must also be provided with a library
containing books and periodicals, chosen by the committee described
in the second paragraph of article 16.
Representatives of the prisoners and internees will
participate in the management of the library service.
Individualisation of the treatment
The prison treatment must answer to the particular
needs of each individualís personality.
A scientific examination of the personality is arranged
for all the prisoners and internees, in order to assess their physio-psychological
inadequacy and other causes of their social maladjustment. Such an
examination is performed at the beginning of the sentence and continues
throughout the same.
Information is gathered for each prisoner and internee
based on the results of the aforesaid examination with regard to the
re-education treatment to be effected and the appropriate programme
is drawn up; this may be integrated or modified according to needs
arising while the said programme is being followed.
The general trends and details of the treatment
are added to the personal file, together with the judiciary, biographical
and health data; the course of the treatment undertaken and its results
are also noted subsequently.
Prisoners and internees must be encouraged to collaborate
in the operations of examination and treatment.
Art. 14 b
Special Surveillance Regime
Prisoners, internees and remand prisoners may be
subjected to a special surveillance regime for a period of no more
than six months, renewable even several times but for no longer than
three months each time if:
they compromise the safety or disturb the order
of the institutions by their behaviour;
they hinder the activities of the other prisoners
or internees by violence or threat;
they exploit the state of subjection felt towards
them by other prisoners in the prison environment.
The regime as of paragraph 1 above is organised
according to a well-founded regulation drawn up by the prison administration
together with two of the experts envisaged by the fourth paragraph
of art. 80.
The special surveillance regime is prescribed for
prisoners after having heard the opinion of the judicial authority
concerned with the case.
In the case of necessity and urgency the administration
may provisionally arrange for special surveillance before hearing
the prescribed opinions, which must, however, be heard within ten
days of the date of application of the said measure. When this period
has expired, the administration Ė having received the prescribed opinions
Ė will take a definitive decision within ten days, after which, if
no decision has been taken, the temporary measure will cease to be
Prisoners, internees and remand prisoners may be
subjected to a special surveillance regime starting from the time
they enter the institution, on the basis of their previous behaviour
in an institution or on other concrete examples of their behaviour
when they were at liberty, irrespective of the type of charge. The
judicial authority notifies the prison administration of any information
of which they may be aware; the latter will then decide upon the measures
to be taken within its competence.
The measures to be taken to provide for the regime
described in this article are immediately communicated to the supervisory
magistrate so that he may exercise his power of surveillance.
Art. 14 c
A complaint against the decision to apply a status
of special surveillance or to defer it may be submitted by the prisoner
concerned, applying to the supervisory court within ten days of the
date when the definitive measure has been communicated. Such a protest
will not hinder the execution of the penalty.
The supervisory court provides for an order in chambers
within ten days of receiving the complaint.
The public prosecutor and the defence counsel participate
in the procedure. The prisoner concerned and the prison administration
may present petitions.
Penitentiary treatment in each prison is organised
according to the directives that the prison administration gives with
regard to the requirements of the groups of prisoners and internees
The methods of treatment to be followed in each
institution are disciplined by the internal regulations which are
laid down and modified by a committee comprising the supervisory magistrate,
who acts as Chair, the Governor, the doctor, the chaplain, the person
in charge of prison employment, an instructor and a social worker.
The Committee may avail themselves of the collaboration of the experts
mentioned in the fourth paragraph of article 80.
The internal regulations also discipline the controls
which everyone entering or leaving the prison, for whatever reason,
The internal regulations and modifications thereof
are approved by the Minister of Justice.
Visiting, correspondence and information
Prisoners and internees are allowed to have visitors
and exchange correspondence with their relatives and other persons,
also in order to perform legal proceedings.
Visitors are received in special rooms, where the
prison guards can see but not hear what is taking place.
Visits from members of the family are particularly
The prison administration will provide the stationery
and other objects necessary for correspondence for those prisoners
and internees who are not provided with the same.
Telephone calls to members of the family and, in
particular cases, to third parties may be authorised in accordance
with the methods and precautions envisaged by the regulations.
Prisoners and internees are allowed to have the
newspapers, periodicals and books that are freely on sale outside,
and to avail themselves of other means of information.
The correspondence of individual prisoners or internees
may be subjected to visual examination by the Governor or by a member
of the prison staff appointed by the Governor, in accordance with
a measure issued by the supervisory magistrate.
With the exception of the provision set out in article
18 b, as regards prisonersí permission to receive visitors, visual
examination of correspondence and permission to communicate by telephone
fall within the sphere of competence of the judicial authority, in
accordance with what is laid down in the second paragraph of article
11. After the initial sentence has been delivered, permission for
visits falls within the sphere of competence of the prison Governor.
As regards subjecting correspondence to visual examination,
if the aforesaid prison authorities do not wish to undertake this
task directly, they may delegate the same to the Governor or to a
member of the prison administration staff appointed by the Governor
himself. Those same authorities may also place restrictions on correspondence
and receipt of printed material.
Cultural and vocational education is provided for
in prisons through the organisation of scholastic and vocational courses,
in accordance with the trends currently in force and employing methods
suited to the prisonersí condition.
Special attention is devoted to vocational training
and cultural education with regard to prisoners younger than twenty-five.
Higher secondary schools may be provided in the
prisons in accordance with the procedures envisaged by the educational
The completion of university degrees and equivalent
courses is facilitated and prisoners are encouraged to follow educational
courses by correspondence, radio and television.
Access to publications contained in the library
is encouraged, with full freedom of choice as regards reading matter.
Prisoners and internees are to be encouraged in
all possible ways to perform work and participate in vocational training
courses while they are in prison. Thus, work organised and managed
directly by public or private companies may be arranged and vocational
courses may be established, organised and performed by public companies
or by private ones by arrangement with the Region.
Work in the prison is not considered as corporal
punishment and is paid.
Work is compulsory for prisoners and for those prisoners
subjected to security measures in penal agricultural settlements and
Those persons subjected to security measures in
nursing homes or institutions or in a penal psychiatric hospital may
be assigned work, if this is judged to be useful for therapeutic purposes.
The organisation and methods employed with regard
to prison work must reflect those of employment in free society so
that the prisoners can acquire a vocational training adequate for
normal working conditions, so as to facilitate their re-integration
When assigning work to prisoners, account must be
taken of the length of time spent while detained or interned without
having any employment, of dependents and professionalism, as well
as previous, documented activities performed and jobs which the prisoners
could undertake after their release, except in the case of prisoners
and internees subjected to a regime of special surveillance as set
out in article 14b of this law.
Appointment to a job performed inside the prison
will respect the classifications set out in two special lists, one
of which is general and the other deals with qualifications or trades.
A committee is set up in each prison to draw up
the classification within the lists and for the nulla osta for the
bodies that are to arrange employment. The committee comprises the
Governor, an inspector or superintendent of the Prison Police Force
and a member of the teaching staff, all elected by the members of
the particular category represented, a representative elected unanimously
by the most representative union organisations on the national level,
a representative chosen by the district committee for employment competent
with regard to that particular area and by a representative of the
areaís union organisations.
A representative of the prisoners and the internees,
chosen by lot in accordance with the methods described in the prisonís
internal regulations, participates in the meetings of the committee,
without voting powers.
A substitute is appointed for each member elected
or chosen in accordance with the aforesaid criteria.
The general discipline regarding ordinary and agricultural
employment is applied to external work, and so is article 19 of law
n. 56 dated February 28th 1987.
As regards anything not envisaged by this article,
the general discipline relating to employment is applied.
The prison management, notwithstanding the regulations
of general state accounting and those of special accounting, may sell
the items produced by prison workers at cost price or less upon authorisation
by the Ministry of Justice; whenever possible, account is to be taken
of the prices practised for similar products in the wholesale market
in the area where the prison is situated.
Prisoners or internees who demonstrate an aptitude
for craft work or for cultural or artistic activities may be excused
from ordinary work and be allowed to practise artisan, intellectual
or artistic activities on their own account.
Persons who do not have sufficient technical knowledge
may be admitted to a paid apprenticeship.
Employment may not continue beyond the limits laid
down in the labour laws currently in force and, in line with these
laws, holidays are guaranteed as well as insurance and social security
cover. Prisoners and internees who attend vocational training courses
as described in the first paragraph are guaranteed insurance and every
other type of protection envisaged by the measures in force relating
to such courses, within the limits of the regional appropriations.
By March 31st each year, the Minister
of Justice will present to Parliament an analytical report describing
the extent to which the legal measures relating to the prisonersí
work have been put into effect during the previous year.
Employment outside the prison
Prisoners and internees may be assigned work outside
the prison under such conditions as to guarantee the positive achievement
of the aims envisaged by article 15. However, if the person concerned
has been given a prison sentence for one of the crimes described in
paragraph 1 of article 4b, employment outside the prison may be undertaken
only after at least one third of the sentence has been served and,
in any case, no more than five years. In the case of a prisoner serving
a life sentence, such employment may be assigned after at least ten
years have been served.
Prisoners and internees assigned to employment outside
the prison premises are allowed to work without an escort, unless
the latter is considered necessary for reasons of security. Prisoners
are allowed to work outside the prison premises upon receiving authorisation
for the same from the competent judicial authority.
When a private company is concerned, the work must
be performed under the direct control of the institution to which
the prisoner or internee has been assigned, which may avail itself
in this respect of the assistance of the staff employed therein and
the social services.
The measure assigning employment outside the prison
premises to a prisoner or internee becomes enforceable after the supervisory
magistrate has approved it.
4b. The measures described in the preceding paragraph
and the measure described in the second sentence of the sixteenth paragraph
of article 20 are also applied with regard to the prisoners and internees
allowed to attend vocational training courses outside the prison premises.
Religion and the practice of religious observances
Prisoners and internees are free to profess their
religious faith, to be instructed in the same and to practise observance
of the same.
Celebration of the rites of the Catholic Church
is ensured in the prisons.
At least one chaplain is appointed to each prison.
Those persons belonging to a cult other than Catholicism
have the right to receive the assistance of ministers of their own
faith upon request and to celebrate the rites of the same.
Cultural, recreational and sporting activities
Cultural, recreational and sporting activities are
to be encouraged and organised in the prisons, together with any other
activity aimed at enriching the prisonersí and interneesí personalities,
also within the framework of the re-educational treatment.
A committee comprising the prison Governor, instructors
and social workers and representatives of the prisoners and internees
is responsible for the organisation of the activities mentioned in
the preceding paragraph, also maintaining contact with the world outside
prison useful for re-integration into society.
Communications relating to the state of detention, transfers, illness and deaths
Prisoners and internees are able to inform their
relatives and any other persons named by them of their entrance into
a penal institution or of their transfer.
Should a prisoner or internee die or suffer a severe
physical or psychological infirmity, the relatives and any other persons
he has named must be notified immediately. In the same way, prisoners
and internees must be immediately notified of the death or serious
illness of the persons described in the preceding paragraph.
Leave of absence
Should a member of the family or a cohabitant be
at the point of death, prisoners and internees may be granted permission
to visit the sick person by the supervisory magistrate taking the
necessary precautions envisaged by the regulations. Permission is
granted to remand prisoners during the lower court proceedings by
the same competent judicial authorities in accordance with the second
paragraph of article 11 to arrange for transfer of the remand prisoner
to external nursing homes until the lower court sentence has been
delivered. During the appeal hearing the President of the Court in
responsible and during Court of Cassation proceedings the President
of the Bench where the appeal has been herd is responsible.
Similar leaves of absence may be granted in exceptional
cases for particularly serious family events.
Any prisoner who has not returned to the institution
by the time the leave expires, without justification for such absence,
is disciplined if the absence is protracted for more than three hours
and for no more than twelve hours; should the absence be of longer
duration, the prisoner will be punished in accordance with the first
paragraph of article 385 of the penal code and the measure set out
in the last paragraph of that same article is applicable.
An internee who returns to the institution after
three hours from expiry of the leave without justification is disciplined.
Measures and complaints with regard to leave of absence
Before deciding upon a request for leave of absence,
the competent authority must gather information as to the actual validity
of the reasons put forward from the local Police Force, also from
the Police of the place to which the applicant intends to go.
Grounds for the decision relating to the request
The measure is communicated immediately and informally,
the telegraph or telephone may also be employed, to the Public Prosecutor
and to the person concerned, both of whom may lodge a complaint within
twenty-four hours of the communication: if the measure has been issued
by the supervisory magistrate, to the supervisory court or, if the
measure has been issued by another judicial body, to the appeal court.
The supervisory court or the appeal court, having
gathered basic information, if necessary, takes steps within ten days
from receipt of the protest, communicating the same immediately in
line with the preceding paragraph.
The supervisory magistrate or the President of the
Court of Appeal is not a member of the Bench which must decide upon
the complaint lodged against the measure issued by himself.
When it is not possible to set up the supervisory
court with the district supervisory magistrates, because of the instruction
set out in the preceding paragraph, the court is completed in accordance
with article 68, the third and fourth paragraphs.
Leave of absence is suspended until expiry of the
term fixed by the third paragraph and while the proceedings envisaged
by the fourth paragraph are in progress, until expiry of the term
The instructions of the preceding paragraph do not
apply to leaves of absence granted in accordance with the first paragraph
of article 30. In this case an escort is necessary.
The Attorney General of the Court of Appeal is notified
of any leaves of absence granted and the relevant outcome by a quarterly
report from the authorities who issued them.
Bonus leave of absence
Prisoners who have conducted themselves in accordance
with the standards as laid down below in paragraph 8 and who are not
a risk to society may be rewarded with leaves of absence lasting no
longer than fifteen days each time, granted by the supervisory magistrate
after he has consulted with the prison Governor, for the purpose of
cultivating emotional, cultural or employment concerns. The duration
of the leave of absence may not exceed a total of forty-five days
in each year of the sentence.
The duration of the leaves of absence granted as
a bonus for good behaviour for juvenile offenders may not exceed twenty
days each time and the total may not exceed sixty days in each year
of the sentence.
The experience of leave of absence bonuses is an
integral part of the treatment programme and must be followed by the
institutionís instructors and social workers in collaboration with
the territorial social services.
Leaves of absence are granted:
in the case of prisoners under arrest or serving
a sentence of no longer than three years, even if added to the arrest;
in the case of prisoners serving a sentence of more
than three years, unless envisaged by the provisions of c), after
having served at least one quarter of the sentence;
in the case of prisoners sentenced for any one of
the crimes described in paragraph 1 of article 4b, after having served
at least half the sentence and, in any case, not more than ten years;
in the case of prisoners serving a life sentence
after they have served at least ten years.
In the case of prisoners who have been sentenced
or who are charged with a fraudulent crime committed while they were
serving their sentence or who have been subjected to restriction of
their personal liberty, the concession will be granted only after
two years have passed since the crime was committed.
The precautions envisaged for leaves of absence
set out in the first paragraph of article 30 are applied whenever
necessary; the provisions set out in the third and fourth paragraphs
of that same article are also applied.
The bonus relating to leaves of absence is subject
to a complaint to a supervisory court, in accordance with the procedure
laid down in the article 30b.
The behaviour of the prisoners is judged to be regular
when, during their detention, they have displayed a constant sense
of responsibility and correctness in their personal behaviour, in
the activities organised by the institution and in any employment
or cultural activities undertaken.
Formation of representative council of prisoners and
The representative council of prisoners and internees
envisaged by articles 12 and 27 is appointed by lot, in accordance
with the method described in the institutionsís internal regulations.
Right of Complaint
Prisoners and internees may forward petitions or
complaints orally or in writing, even in a sealed envelope to:
the prison Governor, as well as to the inspectors,
the Director of penal institutions and the Minister of Justice;
the supervisory magistrate;
the judicial and health authorities visiting the
the Chair of the Regional Council;
the Head of State.
Rewards represent the recognition of the prisonerís
sense of responsibility demonstrated in his personal conduct and in
the activities organised in the institutions.
Rewards and the bodies competent to award them are
envisaged by the regulations.
Breaches of discipline
Prisoners and internees cannot be punished for any
act that is not especially envisaged as a violation of the regulations.
No sanction may be imposed except through a reasoned
measure based on reasonable grounds; after the person concerned has
been notified of the accusation, he is allowed to put forward his
In applying sanctions, the behaviour and personal
condition of the person concerned must be taken into account as well
as the kind and gravity of the event.
Sanctions are carried out while respecting the personality
of the prisoner being disciplined.
Breaches of discipline may result in the following
a summons from the Governor;
a warning issued by the Governor, in the presence
of members of staff and a group of prisoners or internees;
exclusion from recreational and sporting activities
for a period not exceeding ten days;
solitary confinement during the daily period spent
out-of-doors, for a period not exceeding ten days;
exclusion from communal activities for a period
not exceeding fifteen days.
The penalty of exclusion from communal activities
may not be enforced without written certification from the doctor,
attesting that the prisoner concerned is able to bear the same. A
person excluded from communal activities has to undergo regular health
Enforcement of the penalty of exclusion from communal
activities is suspended totally in the case of pregnant women, for
six months with regard to those having recently given birth and for
one year for breast-feeding mothers.
Authorities competent to decide upon sanctions
The sanctions of summons and warning are decided
by the Governor.
The other sanctions are decided upon by the disciplinary
committee, comprising the Governor or, should he have just cause to
be absent, the highest-ranking employee, acting as Chair, the doctor
and the instructor.
In exceptional cases of riot or other serious emergencies,
the Minister of Justice has the power to suspend application of the
normal rules for treating prisoners and internees in the institution
concerned or in part of it. Such suspension must be motivated by the
need to restore order and security and duration of the same must be
whatever is strictly necessary for attaining the aforesaid purpose.
When there are serious motives for alarm with regard
to order and public safety, the Minister of Justice has the power
to suspend, wholly or in part, application of the rules for treatment
and the institutional regulations envisaged by this law that may prove
to be in contrast with the requirements for law and order with regard
to prisoners sentenced for certain of the crimes detailed in paragraph
1 of article 4b; the Minister of the Interior may also request such
2b. The supervisory court that has jurisdiction over
the institution in which the prisoner, internee or remand prisoner is
confined is competent to deliver judgement on complaints lodged against
measures adopted by the Ministry of Justice in accordance with paragraph
2. Such competence remains valid even in the case of a transfer arranged
for one of the reasons set out in article 42.
Transfers are arranged for serious and proven reasons
of security, for the institutionís requirements, for reasons of justice,
health, education or family matters.
The criterion of transferring the prisons concerned
to institutions near the residence of their family must be favoured
when arranging transfers.
Prisoners and internees must be transferred with
their own personal luggage and at least part of their own money
Release of prisoners and internees must be arranged
by the prison administration without delay on the basis of an order
written by the competent judicial authority or the Police.
The prison Governor notifies the social services
committee and the social services centre of the place where the institution
is situated of imminent release and also those of the place where
the person concerned intends to reside, at least three months in advance,
communicating to them all the information necessary for arranging
the appropriate assistance. If the date of release cannot be forecast
three months in advance, the Governor gives the required information
as soon as he comes into possession of such knowledge.
Besides what is established by specific provisions
of the law, the Governor notifies in advance the supervisory magistrate,
the questor and the police station in the area concerned about any
releases from the institution, even temporary ones.
The institutionís disciplinary committee issues
the persons concerned, if he so requests, a certificate containing
any information as regards his conduct; this certificate is issued
either when the person is released or subsequently.
Those persons who do not possess any civilian clothing
are provided with a set of the same.
Probation with the social services
If the prison sentence to be served does not exceed
three years, the prisoner may be given in care to the social services
outside the institution for a period equal to that of the sentence.
Art. 47 b (I)
Probation in special cases
(I) The measure in question is now regulated by art.
94 of the Presidential Decree n. 309 dated October 9th 1990,
which contains the complete text of the laws on illegal drugs.
A sentence of detention not exceeding four years,
even if this is the residual portion of a longer sentence, as well
as arrest in custody, may be served in the prisonerís own home or
in some other private dwelling place, or in a public centre of medical
treatment, assistance or reception, when the following classes of
person are involved:
a pregnant woman or the mother of a child or children
under ten years of age living with her;
the father, granted custody, of a child or children
under ten years of age living with him, when the mother is deceased
or otherwise unable to look after the child/children;
a person suffering from particularly severe health
problems that require constant contact with the area health authorities;
persons over sixty years of age, if they are even
a person under twenty-one years of age with proven
needs relating to health, education, employment or family.
1 b. House arrest may be granted to a prisoner to serve
a sentence of no more than two years, even if this is the residual portion
of a longer sentence, irrespective of the conditions set out in paragraph
1, when the provisions for probation under the social services do not
exist and always supposing that the measure is such as to prevent the
prisoner from committing other crimes. The measure does not apply to prisoners
sentenced for the crimes detailed in art. 4b.
1 c. When the compulsory or optional deferment of the
sentence may be arranged, in accordance with articles 146 and 147 of the
penal code, the supervisory court may arrange for house arrest even if
the sentence exceeds the limits set out in paragraph 1, setting a term
for duration of the same. This term may be prolonged. Service of the sentence
continues during the period of house arrest.
The semi-freedom state consists in allowing the
prisoner and internee to spend part of the day outside the institution
to take part in employment or educational activities or, in any case,
activities that are useful for their re-integration into society.
Remand and detention sentences of a duration not
exceeding six months may be served in a regime of semi-freedom, if
the prisoner is not on probation.
Apart from the cases described in paragraph 1, the
prisoner may be allowed to serve the state of semi-freedom only after
completing at least half of the sentence or, if the prisoner has been
sentenced for one of the crimes detailed in paragraph 1 of article
4b, at least two-thirds of it. The internee may be granted the measure
at any time. However, with regard to the cases envisaged by article
47, should the assumptions for probation be lacking, the prisoner
serving a sentence for a crime other than those detailed in paragraph
1 of article 4b may be admitted to a state of semi-freedom, even before
he has served half the sentence.
No account is taken of any financial penalty imposed
jointly with that of detention when calculating the duration of the
The granting of the state of semi-freedom is arranged
in relation to the progress made during the course of the sentence,
when conditions exist for the prisonerís gradual re-integration into
A prisoner serving a life sentence may be admitted
to a state of semi-freedom after having served at least twenty years
of the sentence.
Suspension and repeal of the state of semi-freedom
The measure of semi-freedom may be revoked at any
time when the person concerned does not prove to be suitable for the
The prisoner admitted to a state of semi-freedom
who absents himself from the institution for more than twelve hours
without any justification for his action is disciplined and revocation
of the privilege may be proposed.
Should absence be protracted for more than twelve
hours, the prisoner may be punished in accordance with the first paragraph
of article 385 of the penal code and the provisional of the last paragraph
of that same article is applicable.
Report of the offence described in the preceding
paragraph results in suspension of the privilege and a sentence issued
for the same results in revocation.
If an internee granted the state of semi-freedom
is absent from the institution without justification for more than
three hours, the provisions of the last paragraph of article 53 are
Precautionary suspension of the alternative measures
If the person on probation or granted the state
of semi-freedom or house arrest demonstrates such behaviour as to
lead to revocation of the provision, the supervisory magistrate under
whose jurisdiction the event is taking place may arrange for the temporary
suspension of the same by a reasoned decree ordering that the transgressor
be taken back to the institution. Then he immediately communicates
a report to the supervisory court so that the appropriate decisions
may be taken. The suspension ordered by the supervisory magistrate
ceases to be effective if the decision taken by the supervisory court
has not intervened within thirty days of receiving the report.
Leave of absence for prisoners granted regime of semi-freedom
A prisoner granted the right to the regime of semi-freedom
may be granted one or more leaves of absence as a bonus, of a duration
not exceeding a total of forty-five days a year in all.
During the leave of absence, the prisoner is subjected
If the prisoner neglects the obligations imposed
upon him during his leave of absence, the leave may be revoked, irrespective
of any revocation of the state of semi-freedom.
The provisions detailed in the preceding article
are applicable to the prisoner who does not return to the institution
at the end of his leave of absence or after the same has been revoked.
Leave of absence for internees
A leave of absence for six months may be granted
to internees in the period immediately preceding the date fixed for
revision of their risk.
Leave of absence for a period not exceeding fifteen
days may be granted to internees for serious personal or family problems;
leave of absence for a period not exceeding thirty days may also be
granted once a year in order to favour the social re-adaptation of
The leave of absence envisaged in the first paragraph
of the preceding article may also be granted to internees enjoying
the state of semi-freedom, as a reward.
During the leave, the internee is subjected to supervision.
If the internee neglects the obligations imposed
upon him during his leave, the said leave may be revoked, irrespective
of revocation of the state of semi-freedom.
The internee who has not returned to the institution
within three hours after the leave of absence has expired, without
offering any justification, is disciplined and, if he is enjoying
a state of semi-freedom, may have this concession revoked.
Art. 53 b
Calculation of the duration of a leave of absence
The time spent by the prisoner or internee on leave
of absence is calculated according to the duration of the sentence
restricting his personal liberty, except for cases when the prisoner
does not return or other serious cases of misbehaviour from which
the person concerned proves himself undeserving of the privilege.
In these cases, the supervisory magistrate decides upon exclusion
from the calculation by decree.
A complaint against the decree may be lodged by
the person concerned with the supervisory court, in accordance with
the procedure laid down in article 14 c. The magistrate who has issued
the provision is not a member of the committee.
The prisoner undergoing detention who has given
proof of his participation in the process of re-education is granted
a reduction of forty-five days for every six months served, in recognition
of such participation and in order to encourage his effective reintegration
into society. For the above purpose, the period spent in protective
custody or house arrest is also evaluated.
Remission of debt
Debts incurred for legal expenses and maintenance
are remitted for prisoners and internees who find themselves in a
poor economic situation and who have behaved correctly in accordance
with the last paragraph of article 30 c. The request for such remission
may be forwarded as long as the procedure for recovering costs has
not been concluded.
Legitimization of the request for privileges
The treatment and the privileges set out in articles
47, 50, 52, 53, 54 and 56 may be requested by the prisoner, internee
or their near relations or proposed by the disciplinary committee.
Art. 58 c
Persons who collaborate with the law
The provisions of paragraph 1 of article 21, paragraph
4 of article 30c and paragraph 2 of article 50, concerning persons
sentenced for any one of the crimes detailed in paragraph 1 of article
4b, do not apply to those who, even after sentencing, endeavour to
prevent criminal activity from leading to further consequences, or
who have assisted the judicial authorities to gather the decisive
elements for the reconstruction of the events and to identify or arrest
the perpetrators of the crime.
The conduct described in paragraph 1 is assessed
by the supervisory court, having gathered the necessary information
and heard the Public Prosecutor before the judge competent for the
crimes in relation to which collaboration has been given.
Art. 58 d
Prohibition of privileges
Assignment of outside employment, leave of absence
as a bonus, probation under the social services in the cases envisaged
by article 47, house arrest and semi-freedom may not be granted to
the prisoner sentenced for one of the crimes envisaged by paragraph
1 of article 4b who has behaved in a way subject to punishment in
accordance with article 385 of the penal code.
The provision of paragraph 1 is also applied to
the prisoner who has had an alternative measure revoked, in accordance
with paragraph 11 of article 47, paragraph 6 of article 47c, or the
first paragraph of article 51.
The prohibition on the concession of privileges
is valid for a period of three years from the moment when execution
of detention or sentence is resumed, or when the revocation as of
paragraph 2 has been issued.
Those sentenced for the crimes detailed in article
289b and 630 of the penal code, who have caused the death of a hostage,
are not allowed any of the privileges described in paragraph 1 of
article 46 unless they have actually served at least two thirds of
the penalty inflicted or, in the case of a life sentence, at least
In addition to what is envisaged by paragraphs 1
and 3, assignment of outside employment, leaves of absence and the
measures alternative to imprisonment set out in Chapter VI cannot
be granted or, if already granted, must be revoked in the case of
persons undergoing trial or sentenced for any of the crimes described
in paragraph 1 of article 4b, with regard to a fraudulent crime punished
by imprisonment for no less than a maximum of three years, committed
by a person who has comported himself in such a way as to be sentenced
in accordance with article 385 of the penal code, either while working
outside the institution or while enjoying a bonus leave of absence
or a measure alternative to imprisonment.
In order to apply the provision set out in paragraph
5, the authority hearing proceedings for the new crime notifies the
supervisory magistrate at the place where the accused was last confined
about the situation.
The prohibition on privileges as described in paragraph
5 is valid for a period of five years from the time when the custody
or sentence is resumed or when the revocation measure has been issued.