RE inglese

 

SUMMARY OF THE PRINCIPAL NORMS

of

The Regulations containing norms relating to the prison system and to measures depriving and limiting personal freedom

 

 

Art. 1

(Treatment)

 

  1. The treatment of prisoners subjected to measures depriving them of their liberty offers them programmes aimed at upholding their human, cultural and professional interests.

  2. The re-educational programmes for prisoners and detainees, furthermore, is aimed at promoting a change in their conditions and personal attitudes, as well as in family and social relationships that are hindering a constructive participation in society.

  3. The measures set out in these regulations as referring to the prisoner also apply, as far as they may be compatible, to a person being investigated.

 

 

Art. 2

(Security and respect for the rules)

  1. Order and discipline in the penal institutions guarantee the security that is the basic condition for achieving the aims of the treatment of prisoners and detainees. The prison governor ensures that security and respect for the rules is maintained, with the assistance of the prison staff acting in accordance with their respective areas of competence.

omissis

 

 

Art. 5

(The supervisory magistrateís supervision of the prison organisation)

 

  1. By means of visits and interviews and, if necessary, by examining documents, the supervisory magistrate, in the exercise of his duties of supervision will gather direct information regarding the way in which the various prison services are performed and regarding treatment of the prisoners and internees.

 

 

Art. 6

(Conditions of hygiene and lighting of the premises)

 

  1. The rooms in which the prisoners and internees are living must be adequate from the point of view of hygiene.

  2. Windows of the rooms must permit the direct entry of natural light and air. Screens that impede the entry of such light and air are not allowed. Only in exceptional cases and for proven security reasons may screens be used, not fixed to the wall of the building, and they must in any case permit a sufficient direct passage of air and light.

  3. Switches for artificial lighting of the rooms and for turning radio and television sets on and off are provided, both outside for staff and inside for prisoners and internees. By means of the outside switches staff can prevent the ones inside from functioning when use of the same could jeopardize the orderly cohabitation of prisoners and internees.

  4. Lighting must be dimmed for night-time checks by staff.

  5. Prisoners and internees whose physical and mental conditions permit it are to be directly responsible for cleaning their own rooms and sanitary services. Adequate means are provided for this purpose.

  6. Prisoners or internees will be paid by the Administration to clean the rooms of persons unable to do so themselves.

  7. If logistic conditions so permit, non-smoking areas will be provided.

 

 

Art. 7

(Sanitary services)

 

  1. Sanitary services are in a room adjoining the prisonerís.

  2. The rooms in which the sanitary services are provided, supplying hot and cold running water, contain a wash-basin, shower and, particularly in the womenís sections of prisons, a bidet, for prisonersí and interneesí hygiene.

  3. An adequate number of sanitary services, wash-basins and showers must also be provided adjacent to the premises and areas where communal activities are performed.

 

 

Art. 8

(Personal hygiene)

  1. Items necessary for personal care and cleanliness are described in lists, with specific reference to their quality and quantity; the lists are separate for men and women, drawn up in line with Ministerial decree.

  2. Barberís and hairdressing services are available for men and women respectively, which may be used periodically according to need.

  3. The use of an electric razor is permitted during overnight stays.

  4. Internal regulations provide for times and access to the barberís and hairdresserís services and the daily timetable for using hot water.

  5. Use of the shower may be made compulsory for reasons of hygiene-health.

 

 

Art. 9

(Clothes and equipment)

 

  1. Items comprising bed-linen, clothing and underwear, as well as other items that the Administration has to provide for prisoners and internees, are described in separate lists for men and women, drawn up in line with Ministerial decree and with specific reference to the quality of the same.

  2. Clothing and the aforesaid items must be appropriate for seasonal variations and the particular climatic conditions of the place where the prison is sited; the quantity of the same must be such as to allow for frequent changes to ensure cleanliness and preservation.

  3. It is expected that each item of clothing or other item shall be durable.

  4. The Administration will replace any worn-out clothing or other items even before they should need to be replaced. Should the early deterioration be the fault of the prisoner or internee, he or she must pay for the damage.

omissis

  1. Prisoners and internees who use clothing and their own personal effects that cannot be washed by the normal procedures employed for those supplied by the Administration, must make provision for the same at their own expense.

  2. The Administration will provide civilian clothes for prisoners upon their release, if they are unable to provide them at their own expense.

 

 

Art. 10

(Equipment and personal property)

 

  1. Internal regulations stipulate the cases in which prisoners and internees may be allowed to use their own equipment and also envisage which personal items of equipment may be used.

  2. A laundry service is ensured, to which prisoners and internees may have access, even at their own expense.

  3. Possession of items having a particular moral or sentimental value is permitted, provided that they have no great financial value and are not incompatible with the orderly routine of prison life.

 

 

Art. 12

(A check on diet and on the prices of goods sold in the prison shop)

 

  1. The representative committee of prisoners and internees envisaged by paragraph six, article 9 of the laws comprises three persons.

  2. In those prisons where food is prepared in several kitchens, a representative committee is set up for each kitchen.

  3. The prisonersí and interneesí representatives are present when the food is withdrawn, they check both the quality and quantity of the same, and make sure that all the food is used for the meal.

  4. Prisoners and internees who are working and studying and are also members of the representative committee are granted leave of absence from their work or lessons so that they may perform their task. Prisoners and internees who are working for the Administration are paid for this time off.

  5. The aforesaid committee and the governorís representative, as of the seventh paragraph, Article 9 of the Law, present their observations to the governor, jointly or separately.

  6. The prison management seeks information each month from the local municipal authority as to current prices outside relating to goods equivalent to those on sale at the prison shop, or gathers information about the prices charged by the large-scale retailers nearest the institution. Prices of goods on sale at the prison shop, which are also communicated to the prisonersí and interneesí representative committee, must match those current outside the prison according to the aforesaid information.

 

 

Art. 13

(Premises for cooking and serving food. The use of cookers)

omissis

  1. Food is normally consumed on premises destined for that purpose, not used by a large number of prisoners or internees. The internal regulations set out the ways in which prisoners and internees are allowed, in turn, to cook on premises equipped for that purpose.

  2. Prisoners and internees are allowed to use their own cookers in their own rooms to heat liquids and pre-cooked foods, as well as to prepare drinks and food that is quick and easy to prepare.

  3. The size and characteristics of the cookers must comply with ministerial standards that also regulate methods of use and means of recovering costs.

omissis

  1. The internal regulations may envisage that prisoners and internees be allowed to cook foodstuffs, specifying the types allowed and means to be observed.

 

 

Art. 14

(Reception, purchase and possession of objects and food)

 

  1. The internal regulations establish the types of things and objects that all prisoners and internees are allowed to possess, purchase or receive, for the purpose of ensuring personal care and the performance of cultural, recreational and sporting activities as well as for treatment in prison. In specifying the types and objects allowed, new technological instruments are also taken into account. However, it is forbidden to possess money.

  2. There may be restrictions supported by reasoned motives of security, also with regard to the differentiation of the penal regime resulting from the application of articles 14b, 41b and 64 of the Law.

  3. Receiving alcoholic drinks from outside the prison is not allowed. It is permitted to purchase and drink each day no more than one half litre of wine of no more than twelve degrees proof and no more than one litre of beer, to be purchased from the prison shop. Distribution and consumption of these drinks takes place on the premises where meals are consumed. In any case, stockpiling alcoholic drinks is not permitted.

  4. Objects that are not permitted are taken away by the prison management and returned to the prisoners and internees when they are released, unless such objects prove to be evidence of a crime. Perishable or voluminous items that cannot be stored in the prison storeroom are returned to family members when they visit or sent to the family at the expense of the prisoner or internee.

  5. Items coming from outside must be contained in packages which must be checked before being delivered to the addressee.

  6. Prisoners and internees may receive four packages a month altogether weighing no more than twenty kilos and containing only items of clothing or, in line with the cases and means established by the internal regulations, also commonly consumed foodstuffs that do not need to be opened and checked.

  7. Items of personal use may be purchased or received according to an individualís normal requirements.

  8. Foodstuffs, whether received from outside or purchased, must not exceed a personís requirements.

  9. Prisoners or internees may not stockpile foodstuffs to an extent exceeding their weekly requirements.

  10. The restrictions referred to in the preceding paragraphs do not apply to packages, objects and items of food destined for mothers having their children with them in the prison, meant for the childrenís needs.

 

 

Art. 15

(Money transfers between prisoners and internees)

 

  1. Prisoners and internees are forbidden to pay or receive cash among themselves, except in the case of members of the same family.

  2. Prisoners and internees may exchange objects of modest value.

 

 

Art. 17

(Medical assistance)

omissis

  1. Accused persons on remand, convicts and internees may be examined by their own doctor and at their own expense upon authorisation by the governor.

  2. Medical, surgical and therapeutic treatment may be authorised at the patientís own expense, by doctors and experts in the prison infirmaries or clinical and surgical departments, under the same conditions envisaged for the medical examination.

omissis

 

 

Art. 21

(Library service)

 

  1. The prison management must ensure that prisoners and internees have easy access to the publications in the prison library as well as having the opportunity through suitable agreements, to read publications in public libraries and reading rooms available in the place where the prison is situated.

omissis

  1. Members of the prisonersí or interneesí representative committee are chosen by the means described in Article 67; three or five members will be chosen for institutions containing less or more than five hundred persons respectively.

  2. Within the framework of the library service, a reading room is provided to which prisoners and internees are admitted. Working prisoners and internees and students may attend the reading room when the prescribed work or study hours are over. The internal regulations set out the means and times when access to the reading room is permitted.

 

 

Art. 23

(Procedures upon entering the institution)

 

  1. The prison management arranges for the prisoner or internee to be subjected to a search when he or she first enters the prison after sentencing, to have his or her fingerprints taken and to be enabled to exercise the faculty envisaged by the first paragraph of Article 29 of the Law, in accordance with Article 62 of these regulations. The person in question must undergo a medical examination no later than the following day.

omissis

  1. A trained observer/prison worker interviews the prisoner or internee when he or she first enters the institution to check whether, and with what - if any - precautions, that person may cope with the restriction of liberty. The result of such assessments is communicated to the persons responsible for the appropriate interventions and the group of observers and prison workers described in article 29. Any elements of risk are also reported to the judicial bodies defined in paragraph 2. If the person concerned has a problem of drug addiction, this is also reported to the Drug Addiction Service operating in the institution.

omissis

  1. The prison governor or someone working in the institution appointed by him, interviews the person in order to gain the necessary information to enrol him or her in the register envisaged by Article 7 of the Regulations, to expedite the code of penal procedure as of Ministerial Decree no. 334, dated 30th September 1989, and to start compiling the personal file, as well as to provide the prison with the information envisaged by the first paragraph of article 32 of the Law and to supply the person in question with the summary as of paragraph 2, Article 69 of these regulations. In particular, explanations are provided as to the possibility of measures other than imprisonment and other benefits being applied.

  2. When the prisoner or internee refuses to provide personal details or when there are well-founded reasons to believe that the details provided are incorrect, if there is no other way to gather the exact information the person concerned is identified provisionally as "unknown", with a photograph and physical features and identifying marks, a report of the same being forwarded to the judicial authority.

  3. During the interview, the person concerned is invited to report any personal or family problems requiring immediate intervention. The governor will inform social services of any such problems.

  4. Any objects surrendered by the prisoner or internee, as well as any found upon his or her person that may not be left in his or her possession, are taken away and deposited with the prison management. Objects that cannot be kept are sold for the personís benefit or sent, at his or her own expense, to a designated person. A written report of the aforesaid operation is prepared.

  5. The examining judicial authority is informed of any objects surrendered by an accused person or found on his or her person.

omissis

 

 

Art. 25

(Law List)

 

  1. The district Law List is kept at each prison; it must be displayed in such a way that prisoners and internees may look at it.

  2. It is strictly forbidden for prison employees to influence the choice of defence counsel in any way, either directly or indirectly.

 

 

Art. 33

(Special surveillance)

omissis

  1. The measure arranging provisionally for the regime of special surveillance and for any restrictions imposed upon a prisoner or internee is communicated to the same, who signs the communication as having taken note.

  2. The measures arranging definitively for the regime of special surveillance or for prolonging the same are communicated to the prisoner or internee by the prison management by issuing an unabridged copy of the measures in question and of the previous measure that arranged for the provisional regime of special surveillance.

omissis

 

 

Art. 34

(Protest against the measure for special surveillance)

 

  1. A protest against the definitive measure arranging for or prolonging the regime of special surveillance, if forwarded to the prison governor, is recorded in the register envisaged by Article 123 of the Code of Penal Procedure and Article 44 of Legislative Decree no. 271, dated 28th July 1989 and forwarded no later than the following day in a true copy to the supervisory court. A copy of the personís personal file is also forwarded to the above court, together with the measure arranging for or prolonging the regime of special surveillance. If the case is urgent, such communication is arranged by the most rapid means available.

  2. In forwarding such a protest the prisoner or internee may at the same time name defence counsel.

omissis

 

 

Art. 35

(Foreign prisoners and internees)

 

  1. When foreign citizens are held in a regime depriving them of their personal liberty, their linguistic difficulties and cultural differences must be taken into account. Opportunities to contact their own countryís Consular authorities must be encouraged.

  2. Furthermore, the intervention of cultural go-betweens is to be encouraged, through agreements with local organisations or with voluntary organisations.

 

 

Art. 37

(Visitors)

 

  1. Visits to prisoners, internees and remand prisoners are authorised by the prison governor. Visits from other than relatives or cohabitees are authorised when there are reasonable grounds for the same.

  2. Persons wishing to visit than accused person before the preliminary hearing must show the permission granted by the examining judicial authority.

omissis

  1. During prison visits, a correct behaviour that does not disturb anyone else must be maintained. The members of staff controlling visits will suspend persons who behave incorrectly or irritatingly, reporting them to the governor, who decides whether to exclude them.

 

omissis

  1. Prisoners and internees may have six visits each month. When prisoners or internees are charged with one of the crimes envisaged by the first sentence of the first paragraph of article 4b of the Law, for which such benefits are withdrawn, the number of visits may not exceed four each month.

  2. If persons are severely ill or infirm, or if the visitors include children under ten years of age, or in the case of special circumstances, visits may also take place outside the premises described in paragraph 8.

  3. A visit may last for a maximum of one hour. In the case of exceptional circumstances the visit of a relative or cohabitee may be prolonged. In any case, the visit of a relative or cohabitee may continue for two hours if the same resides in a different town from the one in which the prison is situated, if the prisoner or internee has not had a visit in the previous week, and if the requirements and organisation of the prison so permit. No more than three persons can take part in each visit with a prisoner or internee. This rule may be departed from in the case of relatives or cohabitees.

omissis

 

 

Art. 38

(Correspondence by letter or telegraph)

 

  1. Prisoners and internees are allowed to send and receive correspondence by letter or telegraph. The prison management may allows faxes to be received.

  2. In order to make correspondence possible, the prison administration supplies prisoners and internees each week with the necessary items for writing a letter and stamping the envelope (normal mail); this service is free of charge and intended for those persons who cannot afford such items themselves.

  3. Items of stationery for correspondence must always be on sale at the prison shop.

  4. A prisoner or internee must write his or her own name and surname on the envelope of letters leaving the prison.

  5. Correspondence in a sealed envelope, whether delivered to the prison or posted from it, is subjected to inspection in order to ascertain the presence or otherwise of valuables or other items that are not allowed. This inspection must be carried out in such a way as to guarantee that the writing itself is not checked.

  6. When there is a suspicion that letters arriving or leaving the prison contain items that constitute evidence of a crime or that may prove to be a risk to order and security, the prison management will hold back the letter in question, reporting the case to the supervisory magistrate so that appropriate measures may be taken; or, if the person concerned is on remand awaiting the preliminary hearing, the examining judicial authority is informed.

  7. Letters subjected to a visual check after a notification are forwarded or withheld according to the decision taken by the supervisory magistrate or the examining judicial authority.

  8. The measures described in paragraphs 6 and 7 also apply to telegrams and faxes arriving at the prison.

  9. Should the prison management consider that a telegram should not be sent out of the prison for the reasons set out in paragraph 6, the supervisory magistrate or examining judicial authority is informed and decides whether the said telegram should be forwarded or not.

  10. The prisoner or internee is immediately informed that the correspondence has been held back.

  11. Letters written by prisoners and internees addressed to international administrative or judicial organisations protecting human rights, of which Italy is a member, may not be subjected to a visual examination.

 

 

Art. 39

(Telephone calls)

 

  1. One or more telephones are installed in each prison, according to requirements.

  2. Prisoners and internees may be authorised by the prison governor to make a telephone call once a week to relatives and cohabitees or, if there are reasonable and proven grounds, to persons other than relatives and cohabitees. They may also be authorised to engage in telephone conversations with members of the family or persons cohabiting when they return to the prison after a leave of absence. When the prisoners or internees are charged with one of the crimes envisaged by the first sentence of the first paragraph of article 4b of the law, for which the benefits therein envisaged are withdrawn, no more than two telephone calls a month are allowed.

  3. Authorisation may be granted, apart from the restrictions described in paragraph 2, in consideration of urgent or particularly pressing reasons if the call is to a child of the prisoner or internee under ten years of age, as well as in the case that the prisoner or internee is being transferred.

  4. Accused persons may be authorised to make or receive telephone calls by the examining judicial authority or, after the preliminary hearing, by the supervisory magistrate, with the frequency and means set out in paragraphs 2 and 3.

  5. The prisoner or internee who intends to take part in telephone conversations must forward a written request to the competent authority, indicating the telephone number requested and the persons with whom he or she wishes to communicate. Authorisation so granted is valid until it is revoked. In the cases set out in paragraphs 2 and 3, the applicant must also indicate the grounds for the request that would permit authorisation which, if granted, is valid only for as long as those same grounds continue to exist. The result of the request must be explained, whether it is granted or rejected.

  6. Contact by telephone is established by prison staff employing the available technological means. The maximum duration of each conversation is ten minutes.

  7. The judicial authority responsible for the checks on correspondence by mail in accordance with article 18 of the law may provide for telephone conversations to be listened to and recorded by means of suitable equipment. Telephone conversations authorised upon request by prisoners or internees charged with the crimes described in article 4b of the law are always recorded.

  8. Telephone conversations are paid for by the caller, also by using a pre-paid phone card.

  9. The cost is calculated for each call while it is being made.

  10. If a caller from outside wishes to converse on the telephone with a prisoner or internee, the person concerned may be informed only of the name given by the caller, provided that there are no particular reasons for caution. If the call comes from a relative or cohabitee who is also in prison, the conversation may take place provided that both persons have been regularly authorised, and the measures described in paragraph 7 apply.

 

 

Art. 40

(Use of radios and other equipment)

 

  1. Prisoners and internees are allowed to use a personal radio. The governor may also authorise the use of a personal computer, tape players and portable compact disc players for work or study, even in the rooms where they sleep.

  2. Relevant ministerial regulations establish the characteristics, means of use and any conventional costs of electricity.

 

 

Art. 46

(Exclusion from educational and vocational training courses)

 

  1. The prisoner or internee who behaves in such a way during educational courses including individual instruction, or during vocational training courses, as to imply serious non-execution of his or her duties, is excluded from the course.

  2. The measure of exclusion from the course is adopted by the prison governor after hearing the opinion of the observation and treatment group and that of the educational authorities and it must be based on good grounds, especially in the case that exclusion is decided upon against the opinion expressed by the aforesaid authorities. The measure can always be revoked should the overall behaviour of the prisoner or internee be such as to permit his or her readmission to the course.

 

 

Art. 49

(Priority criteria for assigning work inside the prison)

 

  1. When determining priorities for assigning work to prisoners and internees, attention must be paid to the elements described in the sixth paragraph of article 20 of the law.

  2. The prison governor ensures impartiality and transparency when assigning work, also assisted by the observation and treatment group.

 

 

Art. 50

(Obligation to work)

 

  1. Convicted persons and those subjected to security measures in the agricultural settlements and workhouses who have not been granted the regime of semi-freedom or outside work or have not been authorised to perform craft, intellectual or artistic activities or work at home, for whom a job fulfilling the criteria described in the sixth paragraph of article 20 of the law is not available, have to perform another type of work from among those organised by the institution.

 

 

Art. 53

(Exclusion from work)

 

  1. Exclusion from work is a measure adopted by the prison governor, after he has listened to the opinion of the observation group as well as that of the person in charge of the work and the employer, if necessary, in the case that the prisoner or internee should refuse to carry out his or her duties.

 

 

Art. 56

(Withdrawals from wages)

 

  1. Salary withdrawals for maintenance costs and withdrawals as envisaged by the second paragraph, numbers 1) and 3) of article 145 of the penal code relating to convicts are performed each time wages are paid.

  2. While the competence of the sentencing judge remains valid with regard to any controversy connected with the attribution and payment of maintenance costs, the supervisory magistrate will decide claims relating to the order of withdrawals followed in accordance with Article 145 of the penal code.

 

 

Art. 58

(Religious freedom)

 

  1. Prisoners and internees have the right to participate in the rites of their religious faith provided they are compatible with the order and security of the institution and are not against the law, in accordance with the measures set out in this Article.

  2. Prisoners and detainees who wish to do so are allowed to display images and symbols of their religious faith in their own room or in their own portion of a room containing several persons.

  3. During free periods individual prisoners and internees are permitted to practise their own religious faith, provided it does not involve behaviour that annoys the community.

omissis

  1. The prison management will make suitable premises available for religious instruction or for the religious practices of other faiths, even if there are no ministers of that faith.

omissis

 

 

Art. 61

(Relations with the family and progression in the treatment)

 

  1. Arrangement of programmes to support the relations of prisoners and internees with their families is organised between representatives of the prison management and social services centres.

  2. Particular attention is paid to tackling the crisis resulting from the personís removal from his or her family, to making it possible to keep up a valid relationship with the children, especially if they are young, and to preparing the family, the living environments and the prisoners or internees themselves for return to the context of society. With this aim in view the prison governor, in accordance with the specific advice of the observation group, can:

  1. allow visits besides those envisaged by article 37;

  2. authorise those allowed to visit to spend part of the day together with the prisoner in suitable rooms or in the open air and to have a meal together, always following the measures set out in the second paragraph of article 18 of the law.

 

 

Art. 62

(Communication of entry into the prison)

 

  1. Immediately following entry into the penitentiary, whether after conviction or owing to a transfer, the prisoner and internee will be asked by the prison staff whether they intend to inform a relative or other person and, if so, whether they wish to avail themselves of the ordinary postal service or telegram. A report of the answer is prepared.

  2. The communication, contained in an unsealed letter or on a telegram form, is restricted to the information relating to entry into the penitentiary or transfer to it, and is handed to the prison management which forwards it immediately, at the prisonerís or interneeís expense. If the person concerned is a juvenile or without funds, the cost is borne by the Administration.

  3. In the case of a foreigner, news of entry into the prison is communicated to the Consular authority in the cases and by the means envisaged by the norms in force.

 

 

Art.69

(Information about the norms and measures regulating life in prison)

 

  1. Every penitentiary must keep in its library or on other premises to which prisoners have access, the texts of the law, these regulations, the internal regulations and the other measures pertaining to the rights and duties of prisoners and internees, to discipline and to treatment.

  2. When he or she first enters, each prisoner or internee is given a summary of the most important norms as of paragraph 1, with information as to where it is possible to consult the unabridged texts. The aforesaid summary is available in the most widespread languages spoken by foreign prisoners and internees.

  3. Prisoners and internees are informed of all subsequent measures concerning the topics described in paragraph 1.

  4. Observance of the norms and measures regulating prison life by prisoners and internees must also be achieved by explaining the reasons for the same.

 

 

Art. 70

(Standards of behaviour)

 

  1. It is compulsory for prisoners and internees to observe the norms regulating prison life and the instructions given by the staff; they must behave in a respectful manner towards the staff and persons visiting the institution.

  2. Prisoners and internees must behave correctly when in contact with one another.

  3. Polite forms of address must be employed by the prison staff towards prisoners and internees.

 

 

Art. 72

(Payment for damage done to goods belonging to the Administration or to third parties)

 

  1. If property or buildings belonging to the Administration are damaged, the prison management will carry out an investigation to ascertain the amount of damage and identify the person responsible, assessing the blame.

  2. After the outcome of the assessment and after having interviewed the person concerned, the prison management notifies the culprit of the charge, inviting him or her to pay for the damage and deciding upon the means, which may involve payment by instalments.

  3. The sum due to be paid as compensation is taken from the available reserves.

  4. If things belonging to other prisoners or internees are damaged, the prison management will endeavour to encourage a spontaneous compensation.

  5. Spontaneous compensation will be considered as an extenuating circumstance in the case of any disciplinary measures.

 

 

Art. 75

(requests and complaints)

 

  1. The supervisory magistrate, the regional director and the prison governor must offer all prisoners and internees the opportunity to enter directly in contact with them. This will occur through periodic individual interviews, which must be especially frequent with regard to the governor. The above-mentioned persons will regularly visit the premises where the prisoners and internees are to be found, thus facilitating the opportunity for the latter to ask for the necessary interviews or to make any requests or complaints orally. Visits of the supervisory magistrate and the regional director to the prison are recorded in a register reserved for each of the two authorities, in which they themselves report their observations arising from the aforesaid visits. The governor also records the interviews in a special register.

  2. Whatever the prisoners and internees may need to write out their requests and complaints for the authorities defined in article 35 of the law is provided for them.

  3. Should the prisoner or internee intend to take advantage of the chance to use the sealed envelope system, he or she must seal the same and write on the outside: "personal and confidential". If the sender has no funds, the prison management will pay any expenses.

  4. The supervisory magistrate and the prison Administration staff will inform the prisoner or internee who has presented a request or complaint, either orally or in writing, of the measures to be taken and the reasons for any rejection of the request or complaint, as soon as possible.

 

 

Art. 76

(Rewards)

 

  1. Rewards are granted by the governor to prisoners or internees who have distinguished themselves by:

  1. particular commitment to the performance of their work;

  2. particular commitment and results in educational or vocational training courses;

  3. active collaboration in the organisation and performance of cultural, recreational and sporting activities;

  4. particular sensitivity and willingness to offer help to other prisoners or internees, to give them moral support in difficult moments coping with their personal problems;

  5. responsible behaviour in situations upsetting the institutional life, with the aim of encouraging collective reasonable attitudes;

  6. praiseworthy actions of civil courage.

  1. The aforesaid behaviour is rewarded by:

  1. a commendation;

  2. a proposal to grant the benefits described in articles 47, 47c, 50, 52, 53, 54 and 56 of the law and 94 of the decree issued by the President of the Republic on 9th October 1990, no. 309, always provided that the required conditions apply;

  3. a proposal for pardon, conditional freedom and early lifting of the security measures.

  1. The reward described at a) of paragraph 2 is granted by the governor; these described at b) and c) in the same paragraph are granted by the disciplinary committee after listening to the opinion of the observation group.

  2. When selecting the type and means of reward to be granted, account must be taken of the significance of the behaviour in question, as well as the personís habitual conduct.

  3. News of rewards granted to an accused person is communicated to the examining judicial authority.

 

 

Art. 77

(Breaches of discipline and sanctions)

 

  1. Disciplinary sanctions are imposed on prisoners and internees who have been responsible for:

1)negligence with regard to the cleanliness and tidiness of their persons or rooms;

  1. unjustified abandonment of the place assigned to them;

  2. voluntary non-performance of work;

  3. attitudes and behaviour that annoy the community;

  4. playing games or performing other activities that are not permitted by the internal regulations;

  5. malingering;

  6. dealing in goods, possession of which is allowed;

  7. possession or dealing in objects that are not allowed, or in money;

  8. fraudulent communication with the exterior, or internally in the cases set out at number 2) and 3) of the first paragraph of article 33 of the law;

  9. obscene actions or offences against decency;

  10. intimidation of companions or abuse of the same;

  11. falsification of documents from the Administration, entrusted to the custody of the prisoner or internee;

  12. appropriation or damage of goods belonging to the Administration;

  13. possession of or dealing in offensive objects;

  14. offensive behaviour towards prison staff or other persons entering the institution for reasons of work or to visit;

  15. disobeying orders or rules, or unjustified delay in carrying them out;

  16. unjustified delay in return to the prison, envisaged by articles 30, 30c, 51, 52 and 53 of the law;

  17. participation in disturbances or riots;

  18. promotion of disturbances or riots;

  19. escape from prison;

  20. events defined by the law as a crime, committed to harm companions, prison staff or visitors.

  1. Disciplinary sanctions are imposed even if an attentat at breach of discipline as listed above is only presumed.

  2. Punishment by exclusion from community activities may not be imposed for the breaches of discipline listed at numbers 1) to 8) of paragraph 1, unless the breach has been committed within three months of the commission of a previous breach of the same kind.

  3. News of sanctions imposed on accused persons awaiting trial is given to the examining judicial authority.

 

 

Art. 78

(Precautionary disciplinary measures)

 

  1. In a critical situation, determined by the need to prevent harm or damage to persons or objects, as well as the outbreak or spread of disorderly behaviour or if there are particularly serious events regarding the security and order of the prison, the governor may decide, as a precautionary measure and on reasonable grounds, that the prisoner o internee who has committed a breach of discipline punishable by exclusion from communal activities, should be held in an individual room while awaiting the meeting of the disciplinary committee.

  2. Immediately after the precautionary measure has been adopted, the doctor will examine the person in question and issue the certificate envisaged by the second paragraph of article 39 of the law.

  3. The governor will initiate and perform the disciplinary procedure as soon as possible, applying the measures set out in paragraph 2 and the following paragraph of article 81.

  4. In any case, the precautionary measure may not last for more than ten days. The period spent during a precautionary measure is detracted from the duration of any sanction that may be applied.

 

 

Art. 96

(Request for probation in the care of social services and the decision)

 

  1. A request for probation in the care of social services made by a convicted prisoner is presented to the prison governor, who forwards it to the supervisory magistrate competent for the area in which the said person is imprisoned, together with a copy of his or her personal file. The governor is similarly responsible for forwarding the proposal to the disciplinary committee.

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Art. 99

(Probation in special cases)

 

  1. If a convicted prisoner is a drug addict or alcoholic and requests probation as envisaged by article 94 of the Decree of the President of the Republic no. 309, dated 9th October 1990, after the sentence has been put into effect, the relevant request is presented to the prison governor, who forwards it without delay to the Public Prosecutorís office competent for granting it.

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Art. 103

(Reduction of sentence for early release)

 

  1. To forward requests and proposals for the concession of the benefit envisaged by article 54 of the law, the measures set out in paragraph 1 of article 96 are applied, insofar as they are compatible.

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Art. 104

(Conditional freedom)

 

  1. The governor forwards the request or proposal for conditional freedom to the supervisory court without delay together with a copy of the personal file and the results of the personís personality test if already completed.

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Art. 106

(Remittal of debt)

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  1. Presentation of the proposal or request will lead to suspension of the operation for payment of expenses for any procedure in course. For this purpose, the records office of the supervisory court notifies the records office of the judge that the presentation of the request or proposal has been effected. The order to accept or reject the same is communicated to that same office.

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