In this article the Author analyzes the contributions of Italian Constitutional Court in penitentiary law and prisoners’ rights. The range of time taken into consideration starts from 1974 and reaches the first years of the 3rd millennium. According to the Author’s opinion, the Constitutional Court, with a large number of sentences, played a significant role in ensuring the presence of jurisdictional guarantees even in the post-trial phase, where, traditionally, penitentiary authorities are involved in most of the decisions. The author underscores the increase of penitentiary jurisdiction both in probation measures and in protection of prisoners’ rights; anyway, this process of “handover” from administration to jurisdiction is still ongoing.
Il progressivo "traghettamento" dell'esecuzione penitenziaria dall'amministrazione alla giurisdizione
DELLACASA, FRANCO
2006-01-01
Abstract
In this article the Author analyzes the contributions of Italian Constitutional Court in penitentiary law and prisoners’ rights. The range of time taken into consideration starts from 1974 and reaches the first years of the 3rd millennium. According to the Author’s opinion, the Constitutional Court, with a large number of sentences, played a significant role in ensuring the presence of jurisdictional guarantees even in the post-trial phase, where, traditionally, penitentiary authorities are involved in most of the decisions. The author underscores the increase of penitentiary jurisdiction both in probation measures and in protection of prisoners’ rights; anyway, this process of “handover” from administration to jurisdiction is still ongoing.
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