OF THE PRINCIPAL NORMS
Regulations containing norms relating to the prison system and to measures
depriving and limiting personal freedom
treatment of prisoners subjected to measures depriving them of their liberty
offers them programmes aimed at upholding their human, cultural and
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.
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.
and respect for the rules)
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.
supervisory magistrateís supervision of the prison organisation)
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
of hygiene and lighting of the premises)
rooms in which the prisoners and internees are living must be adequate from
the point of view of hygiene.
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.
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.
must be dimmed for night-time checks by staff.
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.
or internees will be paid by the Administration to clean the rooms of
persons unable to do so themselves.
logistic conditions so permit, non-smoking areas will be provided.
services are in a room adjoining the prisonerís.
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.
adequate number of sanitary services, wash-basins and showers must also be
provided adjacent to the premises and areas where communal activities are
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.
and hairdressing services are available for men and women respectively,
which may be used periodically according to need.
use of an electric razor is permitted during overnight stays.
regulations provide for times and access to the barberís and hairdresserís
services and the daily timetable for using hot water.
of the shower may be made compulsory for reasons of hygiene-health.
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.
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.
is expected that each item of clothing or other item shall be durable.
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.
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.
Administration will provide civilian clothes for prisoners upon their
release, if they are unable to provide them at their own expense.
and personal property)
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.
laundry service is ensured, to which prisoners and internees may have
access, even at their own expense.
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.
check on diet and on the prices of goods sold in the prison shop)
representative committee of prisoners and internees envisaged by paragraph six,
article 9 of the laws comprises three persons.
those prisons where food is prepared in several kitchens, a representative
committee is set up for each kitchen.
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.
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.
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.
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.
for cooking and serving food. The use of cookers)
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.
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.
size and characteristics of the cookers must comply with ministerial
standards that also regulate methods of use and means of recovering costs.
internal regulations may envisage that prisoners and internees be allowed to
cook foodstuffs, specifying the types allowed and means to be observed.
purchase and possession of objects and food)
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.
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.
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.
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.
coming from outside must be contained in packages which must be checked
before being delivered to the addressee.
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.
of personal use may be purchased or received according to an individualís
whether received from outside or purchased, must not exceed a personís
or internees may not stockpile foodstuffs to an extent exceeding their
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.
transfers between prisoners and internees)
and internees are forbidden to pay or receive cash among themselves, except
in the case of members of the same family.
and internees may exchange objects of modest value.
persons on remand, convicts and internees may be examined by their own
doctor and at their own expense upon authorisation by the governor.
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
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.
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.
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.
upon entering the institution)
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.
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.
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.
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.
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.
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.
examining judicial authority is informed of any objects surrendered by an
accused person or found on his or her person.
district Law List is kept at each prison; it must be displayed in such a way
that prisoners and internees may look at it.
is strictly forbidden for prison employees to influence the choice of
defence counsel in any way, either directly or indirectly.
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.
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
against the measure for special surveillance)
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.
forwarding such a protest the prisoner or internee may at the same time name
prisoners and internees)
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.
the intervention of cultural go-betweens is to be encouraged, through
agreements with local organisations or with voluntary organisations.
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.
wishing to visit than accused person before the preliminary hearing must
show the permission granted by the examining judicial authority.
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.
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.
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.
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
by letter or telegraph)
and internees are allowed to send and receive correspondence by letter or
telegraph. The prison management may allows faxes to be received.
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
of stationery for correspondence must always be on sale at the prison shop.
prisoner or internee must write his or her own name and surname on the
envelope of letters leaving the prison.
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
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
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.
measures described in paragraphs 6 and 7 also apply to telegrams and faxes
arriving at the prison.
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.
prisoner or internee is immediately informed that the correspondence has
been held back.
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.
or more telephones are installed in each prison, according to requirements.
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.
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.
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
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.
by telephone is established by prison staff employing the available
technological means. The maximum duration of each conversation is ten
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
conversations are paid for by the caller, also by using a pre-paid phone
cost is calculated for each call while it is being made.
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.
of radios and other equipment)
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.
ministerial regulations establish the characteristics, means of use and any
conventional costs of electricity.
from educational and vocational training courses)
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
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.
criteria for assigning work inside the prison)
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.
prison governor ensures impartiality and transparency when assigning work,
also assisted by the observation and treatment group.
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.
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.
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.
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.
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.
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.
free periods individual prisoners and internees are permitted to practise
their own religious faith, provided it does not involve behaviour that
annoys the community.
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.
with the family and progression in the treatment)
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.
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:
visits besides those envisaged by article 37;
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
of entry into the prison)
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.
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
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
about the norms and measures regulating life in prison)
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.
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.
and internees are informed of all subsequent measures concerning the topics
described in paragraph 1.
of the norms and measures regulating prison life by prisoners and internees
must also be achieved by explaining the reasons for the same.
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.
and internees must behave correctly when in contact with one another.
forms of address must be employed by the prison staff towards prisoners and
for damage done to goods belonging to the Administration or to third parties)
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.
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.
sum due to be paid as compensation is taken from the available reserves.
things belonging to other prisoners or internees are damaged, the prison
management will endeavour to encourage a spontaneous compensation.
compensation will be considered as an extenuating circumstance in the case
of any disciplinary measures.
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
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
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.
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.
are granted by the governor to prisoners or internees who have distinguished
commitment to the performance of their work;
commitment and results in educational or vocational training courses;
collaboration in the organisation and performance of cultural, recreational
and sporting activities;
sensitivity and willingness to offer help to other prisoners or internees,
to give them moral support in difficult moments coping with their personal
behaviour in situations upsetting the institutional life, with the aim of
encouraging collective reasonable attitudes;
actions of civil courage.
aforesaid behaviour is rewarded by:
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
proposal for pardon, conditional freedom and early lifting of the security
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.
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
of rewards granted to an accused person is communicated to the examining
of discipline and sanctions)
sanctions are imposed on prisoners and internees who have been responsible
with regard to the cleanliness and tidiness of their persons or rooms;
abandonment of the place assigned to them;
non-performance of work;
and behaviour that annoy the community;
games or performing other activities that are not permitted by the internal
in goods, possession of which is allowed;
or dealing in objects that are not allowed, or in money;
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;
actions or offences against decency;
of companions or abuse of the same;
of documents from the Administration, entrusted to the custody of the prisoner
or damage of goods belonging to the Administration;
of or dealing in offensive objects;
behaviour towards prison staff or other persons entering the institution for
reasons of work or to visit;
orders or rules, or unjustified delay in carrying them out;
delay in return to the prison, envisaged by articles 30, 30c, 51, 52 and 53 of
in disturbances or riots;
of disturbances or riots;
defined by the law as a crime, committed to harm companions, prison staff or
sanctions are imposed even if an attentat at breach of discipline as listed
above is only presumed.
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.
of sanctions imposed on accused persons awaiting trial is given to the
examining judicial authority.
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
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.
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.
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.
for probation in the care of social services and the decision)
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
in special cases)
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.
of sentence for early release)
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.
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.
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.