DIPARTIMENTO DELL’AMMINISTRAZIONE PENITENZIARIA
Estratto
delle principali norme dell’Ordinamento Penitenziario
(Legge n. 354 del 26.07.1975 e Regolamento n. 230 del 30.06.2000)
tradotto in lingua
INGLESE
Summary of the principal norms of law no. 354 dated 26th July 1975,
(“Penitentiary Act”) and of the Regulations containing norms relating
to the prison system and to measures depriving and limiting personal freedom
(D.P.R. 30th June 2000, no. 230)
PEA 2003 – “STRA.DE.”
a cura dell’Ufficio del Capo del Dipartimento
Ufficio Studi, Ricerche, Legislazione e Rapporti internazionali
Art. 1
Treatment and re-education
1. Prison treatment shall be humane and shall assure respect for the dignity of each individual.
2. Treatment shall be marked by absolute impartiality, with no discrimination on the grounds
of nationality, race, economic and social status, political opinion and religious beliefs.
3. Order and discipline shall be maintained within penal institutions. Restrictions may not be
imposed which are not justifiable with the above-mentioned requirements, or, in relation to accused
persons, are not essential for judicial aims.
4. Prisoners and internees shall be called, or indicated, by name.
5. Treatment of accused persons shall be based on the principle that they are not considered
guilty until the final sentence has been pronounced.
6. Convicted offenders and internees shall undergo a rehabilitation treatment, aimed at their
social re-inclusion, also by means of contacts with the outside community. Treatment shall be
tailored to each individual with regard to the specific personal needs and circumstances.
Art. 2
Expenses incurred in relation to the execution of sentences
and of detention security measures
1. The expenses incurred in relation to the execution of sentences and of detention security
measures shall be born by the State.
2. Convicted offenders shall repay the expenses for their maintenance in terms of art. 145, 188,
189 and 191 of the Criminal Code and Art. 274 of the Code of Criminal Procedure.
3. As far as internees are concerned, the expenses for their maintenance shall be repaid by
means of taking a part of their remuneration according to the penultimate paragraph of Art. 213 of
the Criminal Code, or as a consequence of the provision relevant to the repayment of expenses for
hospitalisation, referred to in the last part of Art. 213 of the Criminal Code.
4. Maintenance expenses shall cover food, clothing and bedding.
5. The repayment of expenses for maintenance shall not exceed two-thirds of the real cost. The
Minister of Justice, at the beginning of the financial year, after consulting the Minister of the
Treasury, shall fix the average amount for the maintenance of prisoners in every penal institution in
the Italian Republic.
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Art. 4
Exercise of prisoners’ and internees’ rights
1. Prisoners and internees shall personally exercise the rights available to them under this law
even though they are in a status of legal interdiction.
Art. 7
Clothing and toiletries
1. Every offender shall be provided with enough bedding, clothing and toiletries, in a good
state of repair and clean in order to meet the normal requirements of life.
2. Clothes shall be of a plain colour and of reasonable appearance. Work clothes shall be worn
where it is necessary to do so for work reasons.
3. Accused persons and offenders sentenced to a term of imprisonment not exceeding one year
shall be allowed to wear their own clothes on the condition that they are clean and suitable. Accused
persons shall be provided with clothes different from the ones provided to convicted persons and
internees.
4. Prisoners and internees may be allowed to use their own clothes and objects of particular
moral or sentimental value.
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Art. 8
Personal hygiene
1. Prisoners and internees shall be assured the use of adequate and sufficient washbasins and
bathing or showering facilities, as well as other objects necessary for their care and cleanliness.
2. In each penal institution, facilities shall be provided for periodic haircutting and shaving.
The use of a personal electric razor may be allowed.
3. Haircutting and shaving may be imposed only for particular sanitary reasons.
Art. 9
Food
1. Prisoners and internees shall be provided with healthy and sufficient food, taking into
account their age, sex, health, work and season and climate.
2. Food shall be usually given in premises suited to that purpose.
3. Drinking water shall always be available to prisoners and internees.
4. The quantity and the quality of daily food shall be determined by relevant tables approved
by a ministerial decree.
5. The penitentiary administration shall, as a rule, directly run the service providing meals.
6. Representatives of prisoners or internees, drawn once a month by lot, shall supervise the
application of the said tables and the preparation of meals.
7. Prisoners and internees shall be allowed to buy, at their own expense, foodstuffs and
refreshments within the limits fixed by the regulations. As a rule the sale of foodstuffs or
refreshments shall be committed to prison shops run directly by the penitentiary administration or
by firms selling goods whose prices are controlled by the municipal authorities. Prices may not
exceed the prices usually charged in the place where the penal institution is located. The
representatives referred to in the previous paragraph, in addition to a director’s delegate chosen out
of the civil staff of the penal institution, shall control the quality and the prices of the goods which
are sold inside the prison.
Art. 10
Amount of time to be spent outdoor
1. Offenders who do not work outside shall be allowed a daily exercise of at least two hours a
day. Only for exceptional reasons such a period may be reduced to not less than one hour a day.
2. Outdoor activities shall be carried out in groups, unless the cases provided for in art. 33 and
in numbers 4) and 5) of art. 39 occur, and it shall be devoted, if possible, to physical training.
Art. 11
Health service
1. Every penal institution shall be provided with a medical service and a pharmaceutical
service which conform with the preventive and health care requirements relevant to prisoners and
internees; at least one specialist in psychiatry shall also be present in prisons.
2. Where treatment or diagnostic tests are necessary, which may not be carried out by prison
health services, sentenced prisoners and internees shall be transferred, by order of the supervisory
judge, to civil hospitals or other external health care centres. As far as accused persons are
concerned, the above mentioned transfers shall be ordered by the Supervisory Judge, after the 1st
degree sentence has been pronounced; by the investigating magistrate before the 1 st degree sentence
has been pronounced, during the formal preliminary investigation; by the public prosecutor, during
the summary preliminary investigation and, in case of a summary trial, until the accused person
appears before the court; by the presiding judge, during the preliminary proceedings and during the
trial; by the lower court judge, during the proceedings falling within his jurisdiction; by the
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presiding judge of the Court of Appeal, during the preliminary proceedings before the Court of
Assize, until the Court itself meets and by its presiding judge after its convocation.
3. The judicial authority having jurisdiction according to the previous paragraph may order,
where there is no threat of escape, that prisoners and internees who have been moved to civil
hospitals or to other external health care centres by its own order, or by order of the prison governor
in cases of utmost urgency, shall not be guarded during their stay in hospital, provided that it is not
necessary to protect their personal safety.
4. Where a prisoner or an internee not being guarded leaves the health care centre without a
justifiable reason, he may be subject to punishment in terms of the first paragraph of Art. 385 of the
penal code.
5. As soon as offenders are admitted into a penal institution, they shall be submitted to a
medical check in order to verify possible physical or psychological diseases. The health care shall
be provided, during detention in prison, by periodic and frequent checks regardless of the requests
made by the people concerned.
6. Every day a physician shall visit the sick and those people who request a visit; he shall
immediately report the presence of illness requiring particular research and specialist care;
furthermore, he shall periodically check the fitness of the subjects for the jobs they have been
assigned to do.
7. Prisoners and internees suspected or diagnosed as suffering from a contagious disease shall
be immediately isolated. In the case that a psychological illness is suspected, sufficient measures
will be taken without delay, in accordance with the rules concerning psychiatric assistance and
mental health.
8. In every penal institution for women, special services shall be provided for the health care of
pregnant women and women who have recently given birth.
9. Mothers shall be allowed to keep with them in prison their children aged up to three years.
Special crêches shall be provided for the care and the assistance of children.
10. The penitentiary administration, for the organisation and for the functioning of the healthcare services, may have recourse to local public health-care services, hospital and other medical
services, with the agreement of the “Region” and according to the policy of the Ministry of Health.
11. Prisoners and internees may ask to be seen by a physician of their own choice at their own
expense. In relation to the accused persons the authorisation of the proceeding judge shall be
necessary, until the pronunciation of the first degree sentence.
12. The “local physician” shall visit penal institutions at least twice a year in order to verify the
hygiene and sanitary conditions, the adequacy of preventive treatment provided for by the prison
health-care service against infectious diseases and the hygiene and sanitary conditions of prisoners
in institutions.
13. The “local physician” shall report to the Ministry of Health and the Ministry of Justice on
the visits carried out and on the provisions to be adopted, also informing the competent regional
offices and the Supervisory Judge.
Art. 12
Facilities for work, educational and recreational activities
1. In penal institutions, according to treatment demands, facilities shall be available to carry
out work, recreational and cultural activities, as well as education and vocational training, and every
other association activity.
2. Penal institutions shall also be equipped with a library made up of books and periodicals,
chosen by the committee provided for by the second paragraph of art. 16.
3. Representatives of prisoners and internees shall participate in the running of the library.
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Art. 13
Tailoring treatment to meet the needs of individuals
1. Prison treatment shall meet the particular needs of every offender.
2. The scientific observation of the offender shall be carried out both in relation to convicted
persons and internees, in order to record the physical and psychological deficiencies and the other
causes of their social maladjustment. The observation shall be carried out at the beginning of the
execution of their sentence and shall be continued throughout the sentence.
3. On the basis of the results of the observation, for every convicted person and internee,
indications shall be given relevant to the carrying out of the rehabilitating treatment and the relative
programme shall be compiled; such a programme may be integrated or modified according to the
exigencies arising during the execution of the sentence.
4. The general and particular indications relevant to treatment shall be included, together with
the judicial, biographical and health data, in the personal file, in which the developments of the
provided treatment and its results are subsequently recorded.
5. The collaboration of convicted persons and internees shall be fostered in relation to the
activities of observation and treatment.
Art. 14-b
Regime of special surveillance
1. Convicted persons, internees and accused persons may be subjected to a regime of special
surveillance for a period not exceeding six months, which can be extended on more than one
occasion, on each occasion for a period not exceeding three months, if:
a) they are people who jeopardise safety by their behaviour or upset the order in prison;
b) they are people who prevent the activities of other prisoners or internees by violence
or threat;
c) they are people who, in prison life, avail themselves of the state of subjection of
other prisoners towards them.
2. The regime under paragraph 1 shall be determined by a motivated provision of the
penitentiary administration subject to the opinion of the disciplinary board, plus two experts sitting
with the disciplinary board provided for by the fourth paragraph of art. 80.
3. Accused persons shall undergo a regime of special surveillance which is also subject to the
opinion of the proceeding judicial authority.
4. In cases of necessity and urgency the administration may temporarily order the special
surveillance regime before acquiring the prescribed opinions, which must be obtained within ten
days from the date of the provision. After the expiry of such term the administration, having
acquired the prescribed opinions, makes its final decisions within ten days and then, without the
final decision intervening, the temporary provision falls.
5. Convicted persons, internees and accused persons can be submitted to a regime of special
surveillance from the moment of their entry into prison, on the basis of their previous behaviour in
prison or of other actual behaviour when at liberty, regardless of the nature of the charge. The
judicial authority shall report any element, where known, to the penitentiary administration that
decides on the adoption of the provisions within its competence.
6. The provision ordering the regime referred to in this article shall be immediately reported to
the supervisory judge so that he exercise his power of supervision.
Art. 14-c
Complaint
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1. The person concerned may make a complaint to the supervisory court against the provision
ordering or extending the regime of special surveillance, within ten days from the communication
of the final provision. The complaint shall not suspend the execution of the provision.
2. The supervisory court shall make a decision on the complaint, by order in chambers, within
ten days from the receipt of the complaint.
3. The proceedings shall be conducted with the participation of the defence counsel and the
public prosecutor. The person concerned and the penitentiary administration may submit reports.
omissis
Art. 16
Regulations of the prison institution
1. In every prison the penitentiary treatment shall be organised according to the directives
given by the penitentiary administration with respect to the demands of the groups of prisoners and
internees imprisoned therein.
2. The modes of treatment to be followed in every prison shall be regulated by internal
regulations, that are prepared and modified by a committee made up of the supervisory judge, as a
president, the governor, the physician, the chaplain, the person in charge of work activities, an
educator and a social worker. The committee may have recourse to the experts referred to in art. 80,
paragraph 4.
3. Internal regulations shall also regulate the inspections that all persons who are entering or
leaving prison, by any means, have to undergo.
4. The internal regulations and amendments thereto shall be approved by the Minister of
Justice.
Art. 18
Visits, talks, correspondence and information
1. Prisoners and internees shall be granted visits and allowed correspondence with family
members and other persons, also in order to enable them to carry out a legal act.
2. Visits shall take place in special premises under the control of penitentiary police, this
control being merely visual and not auditory.
3. Visits by family members shall be particularly encouraged.
4. The penitentiary administration shall place at prisoners and internees’ disposal the stationary
needed for correspondence, where they are short of it.
5. Telephonic contact with family members and, in particular cases with third parties, may be
authorised, by the means and precautions provided for by the regulations.
6. Prisoners and internees are authorised to keep with them any newspapers, periodicals and
books which are freely for sale outside and to keep other means of information.
7. [ repealed ]
8. Unless art. 18-b provides, as far as accused persons are concerned, permissions for visits
until the 1st degree sentence, and the authorisation for telephonic contact shall fall within the
jurisdiction of the judicial authority, under the terms of art. 11, paragraph 2. After the 1 st
degree sentence, permission for visits shall fall within the jurisdiction of the prison
governor.
9. [ repealed ]
Inserire articolo 18 ter?
Art. 19
Education
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1. Penal institutions shall provide for cultural and vocational training by organising obligatory
schooling and vocational training courses, in accordance with the guidelines in force and with the
assistance of adequate methods to the personal situation of the subjects.
2. Special attention shall be paid to the cultural and vocational training of prisoners under 25
years of age.
3. Senior secondary schools courses may be started in penal institutions in accordance with the
procedures provided for by school regulations.
4. The completion of university education or a course of studies of the same level shall be
facilitated and support given to the attendance of school courses through correspondence, radio and
television.
5. Access to the publications held in the library will be given, with the right to freely choose
the reading material.
Art. 20
Work
1. In penal institutions, assignment to work and participation in vocational training courses by
prisoners and internees shall be encouraged at any rate. For this purpose, manufacturing activities
organised and directly managed by public or private enterprises may be instituted, and vocational
training courses may be established, organised and carried out by public firms, or by private firms
in agreement with the “Region”.
2. Prison work shall not be characterised as a punishment and shall be remunerated.
3. Work shall be obligatory for convicted persons and for those subject to the security
measures of the “penal farm” and the “penal labour colony”.
4. Prisoners subject to the security measures of the prison hospital and of the judicial
psychiatric hospital may be assigned work where it conforms with therapeutic aims.
5. The organisation and the methods of prison work shall reflect those in the society outside
prison with the purpose of allowing prisoners to acquire a professional skill suitable for normal
working conditions in order to facilitate their social re-inclusion.
6. In assigning prisoners work, account should be taken exclusively of the duration of
unemployment during their detention or internment, of the family responsibilities, of their skills, as
well as the previous documented activities carried out and of the activities they may carry out on
their release, with the exclusion of prisoners and internees submitted to the regime of special
surveillance referred to in art. 14-b of this law.
7. The employment placement inside the penal institution shall take place observing the
classifications established in two special lists: a generic one and another one based on qualification
and craft.
8. In order to make up the classifications in the lists and to give permission to the bodies
competent to make an employment placement, a committee shall be appointed in each penal
institution consisting of the governor, a member from the inspectors or “sovrintendenti” of the
Corps of Penitentiary Police and of a representative of the educational staff, elected within the
category they belong to, of a representative jointly appointed by the trade union organisations
represented in the largest number at national level, of a representative appointed by the district
committee for employment having territorial jurisdiction, and of a representative of the local trade
unions.
9. A representative of prisoners and internees, drawn by lot according to the methods referred
to in the internal regulations of the penal institution, shall participate, without the power to
deliberate, in the meetings of the committee.
10. For every member a substitute shall be chosen, appointed or designated according to the
criteria previously mentioned.
11. The general rules and regulations applying to ordinary and agricultural placements, as well
as art. 19 of the law n° 56 dated 28th February 1987, shall be applied to work outside prison.
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12. The general rules and regulations relevant to employment placements shall be applied to
everything which is not provided for in this article.
12 Bis. Penitentiary administrations, both at central and local level, shall enter into special
agreements with public and private parties or social co-operatives interested in giving prisoners and
internees work opportunities. Such agreements shall regulate the object and the conditions of the
work, the training and the salary, without any cost being incurred by public finance.
13. The management of penal institutions, making an exception to the rules of general public
accountancy and from those of special accountancy, and subject to the authorisation of the Minister
of Justice, may sell the products made in prison at cost or below-cost price, taking into account, as
far as possible, of the prices charged for corresponding products on the wholesale market in the area
where the prison institution is situated.
14. Those prisoners and internees showing particular artisan, cultural and artistic aptitude may
be exempted from ordinary work and may be allowed to carry out such activities on their own.
15. Those individuals having insufficient technical knowledge may be admitted to a paid
apprenticeship.
16. The number of hours of work undertaken must not exceed the limits laid down by the laws
in force in the labour sector and, according to such laws, Sunday rest and insurance and social
security protection shall be guaranteed. Those prisoners and internees attending vocational training
courses referred to in the first paragraph shall be guaranteed, as far as regional allocations allow,
insurance protection as well as any protection provided for by the provisions in force regarding the
above mentioned courses.
16 Bis. For the purposes of this law, a disqualification deriving from a criminal or civil sentence
will not be applied, as regards the establishment and the carrying out of work relations as well as
the assumption to the membership of social co-operatives set forth in Law n° 381 dated 8
November 1991.
17 By 31 st March every year the Minister of Justice shall transmit to Parliament an analytical
report in relation to the implementation of the provisions of law relevant to prisoners’ work in the
previous year.
Art. 21
Work outside prison
1. Prisoners and internees may be admitted to work outside prison if there are conditions
suitable to guarantee that the purposes provided for in art. 15 shall be positively achieved. However,
in the case of a person sentenced to imprisonment for one of the crimes referred to in art. 4-b, para
1, assignment to outside work may be allowed after at least one third of the sentence has been
served, and in any case after no more than 5 years, has been served. In relation to persons sentenced
to life imprisonment, such assignment may only be decided upon after at least ten years have been
served.
2. Prisoners and internees admitted to outside work shall normally be sent to carry out their
tasks without an escort, unless it is considered necessary for security reasons. Accused persons shall
be admitted to work outside prison with the prior authorisation of the competent Judicial Authority.
3. Where private enterprises are concerned, a prisoner or an internee shall work under the
direct control of the prison management he has been assigned to; for this purpose, the management
may make use of employees and of the probation service.
4. In relation to every prisoner or internee, the order admitting them to work outside prison
shall be enforceable after approval from the Supervisory Judge.
4 Bis. The provisions referred to in the previous paragraphs and the provision referred to in
art. 20, para 16, sub-paragraph 2, shall also be applied to prisoners and internees admitted to attend
vocational training courses outside penal institutions.
Art. 26
Religion and religious practices
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1. Prisoners and internees shall be free to profess their own religious faith, to practice worship
and to acquire religious education.
2. The celebration of the rites of the Catholic religion shall be guaranteed in every prison.
3. At least one chaplain shall be assigned to each prison.
4. Believers of another religion other than the Catholic faith shall be entitled to receive, on
their request, visits from ministers of their own faith and to celebrate the related rites.
Art. 27
Cultural, recreational and sports activities
1. Cultural, recreational and sports activities, as well as other activities aimed at the
development of prisoners’ and internees’ personality, shall be fostered and organised, also to the
purposes of re-educational treatment.
2. A Commission, consisting of the prison governor, educators and social workers and
representatives of prisoners and internees, shall be responsible for the organisation of the activities
referred to in the previous paragraph, also maintaining contacts with the outside world useful for the
re-inclusion of prisoners in the community.
Art. 29
Communications relevant to the state of detention,
to transfers, to illness and to death
1. Prisoners and internees shall be allowed to immediately inform their relatives and other
persons, indicated by them, about their entrance into a penal institution or about their transfer
already carried out.
2. Where the death or a serious physical or mental infirmity of a prisoner or an internee is
concerned, their relatives or other persons indicated by them shall be promptly informed about it;
similarly, prisoners and internees shall be promptly informed about the death or a serious illness of
a person referred to in the previous paragraph.
Art. 30
Leave
1. In the case of the imminent danger of death of a family member or cohabitant, convicted
persons and internees may be granted leave to go and see the sick, with the precautions provided for
by the regulations; such leave shall be granted by the Supervisory Judge. Accused persons shall be
granted leave, during 1st degree proceedings, by those judicial authorities, according to the second
paragraph of art. 11, also competent to provide for the transfer of accused persons into outside
health centres until the 1st degree sentence has been pronounced. Leave shall be granted by the
president of the court, during the proceedings of appeal, and by the president of the judicial office
where the proceedings of appeal have taken place, during the proceedings of cassation.
2. Equivalent leave may be granted exceptionally for particularly serious events.
3. A prisoner who fails to return to prison on the expiry of his leave without a justifiable
reason, if such absence is longer three hours and up to twelve, shall undergo disciplinary sanction;
where the absence is even longer, he shall be liable to punishment in accordance with paragraph 1
of Art. 385 of the Criminal Code and the provision contained in the last paragraph of the same
article shall be applicable.
4. An internee returning to prison more than three hours after the expiry of his leave without
justifiable reason shall be punished by disciplinary measures.
Art. 30-b
Provisions and Complaints as regards leave
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1. Before deciding on a request for leave, the competent authority shall ascertain the existence
of the reasons alleged, through the public security authorities, also of the place where the applicant
is asking to go.
2. The decision on the request shall be adopted by motivated provision.
3. The provision shall be immediately notified without formalities, also by telegraph or
telephone, to the Public Prosecutor and the person concerned, who have twenty-four hours
thereafter to lodge a complaint to the Supervisory Court, where the provision has been taken by the
Supervisory Judge, or else to the Court of Appeal, where the provision has been issued by some
other judicial body.
4. The Supervisory Court or the Court of Appeal, after obtaining concise information, where
required, shall act within ten days from the receipt of the complaint, by immediate notification of
the same in accordance with the previous paragraph.
5. The Supervisory Judge, or the President of the Court of Appeal, shall not belong to the panel
deciding on the complaint against the provision issued by him.
6. Where it is not possible for the Magistrates of the district to constitute the Supervisory
Court, because of the provision contained in the previous paragraph, the composition of the Court
shall be in accordance with Art. 68, para 3 and 4.
7. The enforcement of the leave shall be suspended until the expiry of the time limit laid down
by para 3 and during the proceedings provided by para 4, until the expiry of the time limit provided
therein.
8. The provisions referred to in the previous paragraph shall not be applied to leaves granted in
accordance with the first paragraph of Art. 30. In such a case an escort shall be obligatory.
9. The Prosecutor General to the Court of Appeal shall be informed about the leave which has
been granted and the outcome of the leave, by means of a quarterly report by the bodies which
granted the said leave.
Art. 30-c.
Bonus leave
1. The Supervisory Judge, after consulting the prison governor, may grant bonus leave, the
duration of which cannot exceed fifteen days each time, to convicted persons for good behaviour in
accordance with the following paragraph 8 and where they are not considered a danger to society,
for the purpose of allowing them to cultivate affective, cultural or work interests. The length of
bonus leave may not exceed a total of forty-five days in each year of the term to be served.
2. As far as convicted minors are concerned, the amount of bonus leave may not exceed twenty
days each time and the total amount may not exceed sixty days in each year of the term to be
served.
3. The experience of bonus leave is an integral part of the treatment programme and it must be
followed by educators and penitentiary social workers working together with social workers in the
community.
4. The granting of bonus leave is allowed:
a) in respect of those sentenced “to arrest” or detention not exceeding three years,
also where it is attached to arrest;
b) in respect of those sentenced to detention exceeding three years, except where
provided by letter c), after having served at least one quarter of the sentence;
c) in respect of those sentenced to detention for the crimes referred to in Art. 4-b,
paragraph 1, after having served at least half of the sentence and, in any event, not over ten
years;
d) in respect of those sentenced to life imprisonment, after having served at least ten
years of their sentence.
5. In respect of offenders who, while serving their sentence or the “restrictive measures” have
been charged with a wilful and malicious crime committed while serving their sentence or during
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the enforcement of a measure restricting their personal liberty, the granting of bonus leave shall be
allowed only after two years from the date when the crime has been committed.
6. The “precautions” relating to bonus leave referred to in the first paragraph of Art. 30 shall be
applied, if necessary; the provisions referred to in the third and the fourth paragraph of the same
article shall be applied as well.
7. The provision relating to bonus leave shall be subject to “a complaint” to the Supervisory
Court, according to the procedures referred to in Art. 30-b.
8. The behaviour of convicted persons shall be considered “good” where, during their
detention, they have constantly shown a sense of responsibility and behaved correctly in the
activities organised in prison and in any eventual work or cultural activities.
Art. 31
Constitution of prisoners’ and internees’ representatives
1. The nomination of representatives of prisoners and internees provided for by Art. 12 and
Art. 27 shall be drawn by lot according to the methods indicated in the internal regulations of the
institution.
Art. 35
Right to complain
1. Prisoners and internees may make requests and complaints, either orally or in writing, even
in a sealed envelope:
1) to the prison governor, to inspectors, to the Director General of the penitentiary
administration and to the Minister of Justice;
2) to the Supervisory Judge;
3) to the judicial authorities and health authorities visiting prisons;
4) to the President of the regional council;
5) to the Head of State.
Art. 37
Rewards
2. Rewards constitute recognition of the sense of responsibility demonstrated in personal
conduct and in activities organised in prison.
3. The regulations provide for rewards and for the competent bodies having jurisdiction to
grant them.
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Art. 38
Disciplinary infringements
1. Prisoners and internees cannot be punished for an act which is not explicitly provided for as
an infringement by the regulations.
2. No sanction may be inflicted except with motivated provision after bringing the presumed
infringement to the attention of the person concerned, who is allowed to plead his own defence.
3. In the enforcement of the sanctions, the nature and the seriousness of an act as well as the
behaviour and the personal conditions of the person concerned must be taken into account.
4. The sanctions shall be enforced having respect for prisoners’ and internees’ personality.
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Art. 39
Disciplinary sanctions
1. Disciplinary infringements may only lead to the following sanctions:
1) warning by the governor;
2) admonition, by the governor, in the presence of members of staff and of a group of
prisoners or internees;
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3) exclusion from recreational and sports activities for not more than ten days;
4) isolation during the time spent out of doors for not more than ten days;
5) exclusion from association activities for not more than fifteen days.
2. The sanction of exclusion from association activities cannot be enforced without a written
certification, issued by the physician, certifying that the person concerned is able to bear the
sanction. The person excluded from association activities must undergo constant medical checks
during the whole period of isolation.
3. The enforcement of the sanction of exclusion from association activities is suspended in the
case of pregnant women, mothers of babies under six months of age, and nursing mothers of babies
under one year of age.
Art. 40
Competent authorities having jurisdiction to decide on sanctions
1. The sanctions of “warning” and “admonition” shall be decided by the prison governor.
2. The other sanctions shall be decided by the disciplinary council, composed of the governor
or, in the case of his legitimate impediment, of the highest ranking member of the staff, acting as a
Chairman, the physician and the educator.
Art. 41-b.
Emergency situations
1. The Minister of Justice is empowered to suspend the enforcement of the usual rules
governing treatment for prisoners and internees, in the prison concerned or in a part of it, in
exceptional cases of prison riot or other serious emergency situations. The suspension must be
based on the necessity of restoring order and security and its duration shall be strictly limited to the
achievement of the above-mentioned goals.
2. Where there occur serious reasons of public order and security, also at the request of the
Minister for Home Affairs, the Minister of Justice shall also be empowered to suspend, completely
or in part, with regard to persons imprisoned for any of the crimes under the first sentence of para 1
of art. 4-b, in relation to whom there is evidence of current links with criminal, terrorist or
subversive organisations, the application of the rules governing treatment and of the provisions
provided for by this law which may be in conflict with the requirements for order and security.
Such suspension shall involve restrictions necessary to meet the above-mentioned requirements and
to prevent links with the organisations mentioned in the previous period.
2-b. The provisions under para 2 are issued by motivated decree by the Minister of justice, after
hearing the Public Prosecutor Office which carries out preliminary investigation or the Office of the
proceeding judge and after acquiring any other necessary information at the National Antimafia
Department and at the police bodies, both central and specialised in fighting against organised
crime, terrorism or subversive crime, within their relevant competence. The same provisions shall
last for a period of one year at least, and for no more than two years and they can be extended,
under the same forms, for further periods of one year each, provided that there is evidence that the
prisoner’s or the internee’s capacity to maintain links with criminal, terrorist or subversive
organisations still subsist.
2-c. Where, even before the expiry date, there is evidence that the conditions determining the
adoption or the extension of the provision under para 2 do not subsist anymore, the Minister of
justice shall revoke it, also ex-officio, by motivated decree. A complaint can be made against the
provision which does not admit the request submitted by the prisoner, the internee or the defence
counsel, under para 2-e and 2-f. Where the provision is not adopted following a request by the
prisoner, the internee or the defence counsel, the request itself shall not be admitted, after thirty
days from the date of the submission.
2-d. The suspension of the rules governing treatment and of the provisions under para 2 may
imply:
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a)
the adoption of measures of high internal and external security, mainly with regard
to the need of preventing contacts with the criminal association to which the
offender currently belongs or refers, contrasts with opposing associations,
interactions with other prisoners or internees belonging to the same association or
to other associations allied to it;
b)
that the number of visits shall be limited to one at least and shall not exceed two
per month, taking place at regular intervals and in special premises equipped in
order to prevent the exchange of objects. The visits with persons different from
relatives and cohabitants are forbidden, save for exceptional cases established
each time by the governor or, as for accused persons until the first degree sentence
has been issued, by the competent judicial authority in terms of para 2 of art. 11.
An auditory control of the visits can be made, and the visit itself can be recorded
subject to motivated authorisation of the competent judicial authority in terms of
para 2 of art. 11; a motivated provision by the prison governor, or, as for accused
persons until the first degree sentence has been issued, by the competent judicial
authority in terms of para 2 of art. 11, and only after the first six months of
enforcement, may authorise one telephone call per month with relatives and
cohabitants, not exceeding ten minutes, which shall be recorded. The provision of
this letter shall not apply to the interviews with the defence counsels;
c)
the limitation of the amount of money, of the goods and of the objects that
prisoners may receive from outside;
d)
the exclusion from representatives of prisoners and internees;
e)
the checking of correspondence, except for with Members of Parliament, with
European or national authorities having competence in the field of justice;
f)
the limitation of daily outdoor stay, in groups composed of no more than five
persons, up to four hours, without prejudice to the lowest limit provided by art 10,
para 1.
2-e. Complaints against provision of enforcement may be made by the prisoner or by the
internee in relation to whom the enforcement of the regime under para 2 has been ordered or
confirmed, or by their defence counsel. The complaint shall be made within ten days from the date
of the communication of the provision, and the decision on it shall be made by the supervisory court
having jurisdiction on the prison where the prisoner or internee is held. The complaint shall not
suspend the enforcement. A transfer of the prisoner or internee shall not modify the territorial
jurisdiction for the decision.
2-f. The court, within ten days from receiving the complaint under para 2-e shall make a
decision in chambers, in the forms provided by articles 666 and 678 of the code of criminal
procedure, on the existence of the requirements for the adoption of the provision, and on the
compliance of its contents with the requirements under para 2. The general prosecutor at the court
of appeal, the prisoner, the internee or the defence counsel can make a complaint, within ten days
from the communication, to the court of cassation against the provision of the court for violation of
the law. The complaint shall not suspend the enforcement of the provision, and shall be transmitted
without delay to the court of cassation. Where the complaint is admitted and the measure is
revoked, the Minister of justice, if he intends to make a new provision in terms of para 2, shall point
out, keeping into account the decision of the supervisory court, new elements or elements not
evaluated during the complaint proceedings. The Minister shall proceed by the same modalities
where the complaint has been partially admitted, as for the admitted part.
Art. 42
Transfers
1. Transfers shall be ordered for serious and substantiated security reasons, for reasons relevant
to the prison, for reasons of justice, health, study and family reasons.
2. In ordering transfers, the criteria of assigning prisoners to penal institutions located near
their family residence must be favoured.
3. Prisoners and internees shall be transferred with their own personal belongings and with at
least a part of their “peculio”.
Art. 43
Release
1. The release of prisoners and internees shall be carried out, without delay, by the prison
management on the basis of a written order either from the competent judicial authority or the
Police.
2. The prison governor shall give notice of the envisaged release, at least three months in
advance, to the social assistance council and the Probation Service Centre in the place where the
penal institution is located and the above-mentioned bodies situated where the subject is going to
take up his residence, communicating all data necessary for the proper aftercare interventions.
Should it not be possible to envisage the release three months in advance, the governor shall
communicate the prescribed data as soon as he knows of the relevant decision.
3. In addition to what is specifically provided for by law, the governor shall inform in advance
the supervisory judge, the police commissioner and the police office having territorial jurisdiction,
of any release, also temporary, from the penal institution.
4. The prison disciplinary board, on release or afterwards, shall issue, to a prisoner requesting
it, a certificate containing any vocational training obtained as well as impartial information about
his behaviour.
5. Where a person does not have civilian clothes, he shall be provided with them.
Art. 47
Assignment of the offender to the Probation Service
1. If a sentence imposed does not exceed three years, the sentenced offender may be assigned to
the Probation Service outside prison, for a period equal to the length of the sentence to be served.
OMISSIS
Art. 47-b.
Assignment to the Probation Service in Particular Cases
Article repealed by article 3 of Law nr. 165 dated 27th May 1998. This measure is still provided by
article 94 of the DPR dated 9 th October 1990, nr 309.
Art. 47-c.
Home Detention
01. The sentence of imprisonment for any crime, excluding those provided for by book II,
title XII, Chapter III, section I, and by articles 609-b, 609-d, 609-i of the Criminal Code, by article
51, para 3-b of the code of criminal procedure and by art 4-b of this Act, can be served in the
offender’s own home or in a public health care centre or attendance centre or housing centre, when
the said offender, at the moment of starting the enforcement of his punishment, or after its
beginning, is seventy years old, provided that he was not found to be an habitual or professional
offender or an offender by propensity and provided that he was never sentenced before in terms of
the aggravating circumstance provided for by art. 99 of the Criminal Code.
1. A sentence of imprisonment not exceeding four years, even when representing the
remaining part of a longer sentence, and the sentence of arrest may be served at the offender's own
home or in another private home, or in a public health care centre or attendance centre or housing
centre, in the following circumstances:
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a) pregnant women or mothers of children under the age of ten who are living with
them;
b) fathers having the parental responsibility for children under the age of ten living
with them, where the mother is dead, or completely unable to take care of the
children;
c) persons with particularly serious health conditions, requiring constant care from
health facilities outside prisons;
d) persons over 60 years of age when disabled or partially disabled;
e) persons under the age of 21 with documented needs in relation to health, study,
work, family.
1.1 The sentenced prisoner, to whom the recidivism provided for by art. 99, para four of the
Criminal Code was applied, can be granted home detention if the prison sentence inflicted, even if it
represents the remaining part of a longer sentence, is not longer than three years.
1 b – Home Detention may apply to all sentences of imprisonment up to two years, even if this
is the remaining part of a longer sentence, regardless of the conditions under para 1 where there are
no conditions for granting assignment to the probation service and provided that the measure is
appropriate with a view to preventing the sentenced person from committing further offences. Such
a general rule shall not be applicable to offences under art. 4-b and to offenders to whom the
recidivism provided for by art 99, para four of the Criminal Code was applied.
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1 c – When the obligatory or non mandatory deferral of the enforcement of the sentence may be
ordered, under art. 146 and 147 of the Criminal Code, the supervisory court, even if the sentence
exceeds the limit under para 1, may order home detention to be enforced, fixing the length of such
home detention; this term may be extended. The enforcement of the sentence shall continue during
home detention.
omissis
Art. 47 d.
Measures alternative to imprisonment for persons suffering
from full blown aids or persons suffering from serious immunodeficiency.
1. The measures under articles 47 and 47 c may also be applied beyond the sentence limits
provided therein on the basis of a request from the person concerned or from his own defence
counsel in relation to persons suffering from full blown AIDS or persons suffering from serious
immunodeficiency, assessed pursuant to article 286 b, para 2, of the Code of Criminal Procedure,
who are undergoing or are willing to undergo a medical and health assistance programme in a
hospital or in a university centre for infectious diseases or in care units mainly providing assistance
to people with AIDS, in accordance with the regional plans.
2. The request in pursuance of para 1 shall be accompanied by a certificate from the prison
health service, proving the existence of the health conditions indicated therein and the feasibility of
the medical and assistance programme, being current or to be carried out, in a hospital or in a
university centre for infectious diseases or in care units mainly providing assistance to people with
AIDS, in accordance with the regional plans.
3. The obligations and conditions to be imposed in relation to the enforcement of the
alternative measure shall include the procedures to carry out the said programme.
4. When enforcing home detention, the Probation Service Centres shall supervise and assist the
carrying out of the programme.
5. In the cases referred to in para 1, the judge may not grant the alternative measure if the
person concerned has already enjoyed a similar measure and this has been revoked in the previous
year.
6. The Judge may revoke the alternative measure disposed by the terms of para 1 if the
offender is on remand or subject to a pre-cautionary measure for one of the crimes under article 380
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of the Criminal Procedure Code, in connection with offences committed after the granting of the
measure.
7. The Judge, where not applying or revoking the alternative measure for one of the reasons
under paras 5 and 6, orders the offender to be detained in a penal institution suitably and adequately
equipped for his care and assistance.
8. For anything not otherwise established by the present article, the provisions under the article
47–c shall be applied.
9. For the purpose of the present article, prohibition to grant the benefits provided for by article
4-b, taking for granted the assessments under paras 2, 2-b and 3 of the same article, shall not be
applied.
10. The provisions of the present article shall also be applied to internees.
Art. 47-e
Particular Home Detention
1. When the requirements in terms of art. 47-c are not met, female convicts who are mothers of
children under the age of ten, may be allowed to serve their sentence at their own home or in
another private home, or in a public health care centre or attendance centre, in order to take care of
their children and to assist them, after having served at least one third of their sentence or after
having served at least fifteen years of imprisonment when a life sentence has been imposed, if there
is no risk of them committing further offences, and if it is possible to restore cohabitation with their
children.
2. The Penitentiary administration shall bear no expense in relation to the maintenance,
assistance and health care of women who are granted particular home detention.
3. When ordering particular Home detention, the Supervisory Court shall lay down the
appropriate procedures in accordance with art. 284, para 2, of the code of criminal procedure, shall
establish the period of time the woman can spend away from her domicile, shall set the provisions
as to the intervention of the probation service. Those provisions and conditions may be amended by
the Supervisory Judge having jurisdiction over the area where the particular home detention is
applied. Art. 284, para 4 of the code of criminal procedure is applied.
4. On the woman’s release, a minute shall be drawn up where obligations and prohibitions are
laid down to be complied with by the subject in relation to her relations with the probation service.
5. The Probation Service shall supervise the conduct of the subject and shall assist her in
overcoming the difficulties of social reintegration, by establishing contacts with her family and with
the environment where she lives; they shall make periodical reports to the Supervisory Judge on the
behaviour of the subject.
6. Particular home detention shall be revoked where the offender's behaviour is against the law
or contrary provisions, and is deemed incompatible with the continuation of particular home
detention.
7. Under the same conditions, particular home detention may be also granted to a father who is
in prison, if the children’s mother is dead or completely unable to take care of them and it is not
possible to grant the custody of the children to anyone else.
8. When a child reaches the age of ten, upon request of the subject having already been granted
particular home detention, the Supervisory court may:
a) order the extension of the benefit, if the requirements are met for the application of semiliberty in terms of art. 50, paras 2, 3 and 5;
b) allow the subject to assist children outside prison in terms of art. 21-b, taking into
account the behaviour of the subject concerned during the execution of the particular
home detention, deduced from reports issued by the probation service, in terms of para 5,
as well as the length of the particular home detention and of the length of the remaining
part of the sentence to be served.
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Art. 47-f
Leaving domicile without justified reasons
1. A convicted woman having been granted particular home detention who leaves her own
domicile for no more than 12 hours, with no justified reason, may be subject to the revocation of the
particular home detention.
2. If her absence exceeds 12 hours, the convicted woman shall be punished in terms of art. 385,
para 1, of the Criminal code and the provision of the last paragraph of the same article can be
applied.
3. Her conviction for the crime of escape shall imply the revocation of the particular home
detention.
4. The provisions of this article shall also apply to a father who is in prison, if he has been
granted home detention in terms of art 47-e, para 7.
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Art. 48
Semi-liberty
1. The regime of semi-liberty consists of allowing a sentenced person and an internee to spend
part of their day outside prison for purposes of work, education, or participation in other activities
useful for their social reintegration.
Omissis
Art. 50
Granting of Semi-liberty
1. Sentences of arrest and of imprisonment not exceeding six months may be served under the
regime of Semi-liberty, when the sentenced person is not to be assigned to the Probation Service.
2. Except for those cases contemplated in para 1, a sentenced person may be granted Semiliberty only after having served at least half of his sentence, or two thirds of it when convicted for
any of the crimes indicated in art. 4-b, para 1. An internee may be granted semi-liberty at any time.
However, in those cases provided for by art. 47, when the requirements to grant assignment to the
probation service are lacking, the person convicted of any crime except those indicated in art. 4-b,
para 1, may be granted semi-liberty even before he has served half of his sentence.
3. When calculating the length of sentences, the financial penalties imposed in conjunction
with the period of detention shall not be considered.
4. Admission to the regime of “Semi-liberty” shall be decided in relation to the progress made
in the course of treatment, when the conditions for gradual social reintegration of the prisoner exist.
5. Persons sentenced to life imprisonment may be granted Semi-liberty only after having
served 20 years imprisonment.
Omissis
Art. 51
Suspension and revocation of Semi-liberty
1. The order granting Semi-liberty may be revoked at any time when the subject does not seem
suitable to the treatment.
2. The subject who remains unjustifiedly absent from the establishment for no more than 12
hours, shall undergo disciplinary sanctions and the revocation of the measure of semi-liberty may
be proposed.
3. When the person granted semi-liberty remains absent for more than 12 hours, he shall be
punishable under art. 385, para 1, of the criminal code; the provision under the last section of the
same article may be applied.
4. A report of the crime under the above paragraph shall cause suspension of the measure, and
the relevant conviction shall cause revocation.
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5. For an internee who has been granted semi-liberty who remains unjustifiedly absent from
the establishment for more than 3 hours, the provisions under the last paragraph of art. 53 shall
apply.
Art. 51-c
Precautionary suspension of a Community Measure
1. When the behaviour of a person benefiting from Assignment to the Probation Service, Semiliberty, or Home detention is such that revocation of the measure must be considered, the
Supervisory Judge having jurisdiction over the area where the measure is implemented shall issue a
motivated decree for the temporary suspension of the measure, ordering the transgressor to be taken
into prison. The former shall then transmit the proceedings to the Supervisory Court to make its
decision. The suspension order issued by the Supervisory Judge shall cease to have effect where the
Supervisory Court’s decision does not occur within 30 days of receiving the proceedings.
Art. 52
Home leave for persons benefiting from “Semi-liberty”
2. The sentenced person benefiting from the regime of “Semi-liberty” may be granted, as a
bonus, one or more periods of Home leave of no more than 45 days a year in total.
3. During Home leave, the beneficiary shall be subjected to supervised liberty.
4. Should the beneficiary infringe the obligations imposed upon him, Home leave may be
revoked regardless of the revocation of Semi-liberty.
5. The provisions contained in the previous article shall also apply to the convicted person who
does not return to prison at the end or after revocation of Home leave.
53. (Home leave for internees.) Internees may be granted a six months Home leave in the
period immediately preceding the date set for the review of their dangerousness.
Such persons may also be granted Home leave of no longer than 15 days for serious
personal or family needs; moreover, once a year they may be granted Home leave of no longer than
30 days, for the purpose of aiding their social re-adjustment.
Internees benefiting from the regime of Semi-liberty regime may also be granted, as a
bonus, Home leave provided for under para 1 of the previous article.
During Home leave, the beneficiary shall be subject to supervised liberty.
Should an internee during home leave infringe the obligations imposed upon him, Home
leave may be revoked regardless of the revocation of Semi-liberty.
An internee who returns to the establishment 3 hours after the end of Home leave without a
justifiable reason shall undergo disciplinary sanctions and, if benefiting from Semi-liberty, may be
subjected to revocation of the measure.
Art. 53-b
Calculation of the duration of Home or Bonus leave
1. The time spent by prisoners and internees enjoying Home or Bonus leave shall be regarded
and calculated as part of the measures restricting their liberty, except in cases of non-return or of
serious misbehaviour which does not deserve the benefit. In such cases the supervisory judge shall
decide by a motivated provision as to the exclusion of these periods from the calculation.
2. The person concerned may make a complaint against the provision to the supervisory court
according to the procedure in art. 14-c. The judge issuing the order shall not participate in the board.
Art. 54
Early Release
2. Persons sentenced to imprisonment who have shown effective participation in the reeducational process may be granted, as a recognition of such participation and for the purpose of
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more effective re-inclusion into the community, a forty-five-day reduction of their sentence in
respect of every six months actually served. For this purpose, the period also spent in pre-trial
custody or Home detention shall be taken into account.
omissis
Art. 56
Release of debt
Article repealed by article 6 of the DPR nr. 115 dated 30th May 2002. The release of debt is now
regulated by the same article.
Art. 57
Eligibility to apply for benefits
1. The application for the granting of treatment and benefits under articles 47, 50, 52, 53, 54
may be made by the convicted person, by the internee and by their next of kin or proposed by the
discipline council.
Art. 58-c
Persons collaborating with the “System of Justice”
1. The provisions of art. 21 para 1, of art. 30-c para 4, and of art. 50 para 2, concerning persons
sentenced for any of the crimes under art. 4-b, shall not be applied to those who, even after being
sentenced, have undertaken action in order to prevent the criminal activity from causing further
consequences, or who have effectively assisted the police or judicial authority in the collection of
evidence decisive in the reconstruction of the facts and in identifying or capturing the perpetrators
of the crimes.
2. The behaviour described in para 1 shall be ascertained by the Supervisory Court, after
gathering all the necessary information and having heard the Prosecutor competent to try the
offence in relation to which the collaboration has been provided.
Art. 58-d
Prohibition of granting benefits
1. The benefits of work outside prisons, bonus leave, assignment to the Probation Service
under art. 47, home detention, and semi-liberty, cannot be granted to persons having been found
punishable under art.385 of the Criminal Code.
1.
2. The provisions of para 1 shall also apply to sentenced persons subject to the revocation of a
community measure under art. 47 para 11, art. 47-c para 6, or art. 51 para 1.
3. The prohibition of granting benefits shall last for a period of three years from the resumption
of detention, or from the revocation order under para 2.
4. Persons sentenced for crimes in terms of art. 289-b and 630 of the Criminal code, who have
caused the death of the kidnapped person, shall not be granted any of the benefits in terms of art. 4b, para 1, until they have served at least two thirds of their sentence, or at least 26 years in case of a
life sentence.
5. Further to what is provided for by para 1 and 3, the assignment to work outside prison,
bonus leave and community measures provided for in chapter VI shall not be granted, or shall be
revoked (when already granted) to persons sentenced for any of the crimes in terms of art. 4-b, para
1, in relation to whom proceedings are taken, or who are sentenced for a culpable crime punishable
with a period of imprisonment of no less than a maximum of three years, if this crime is punishable
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in terms of art. 385 of the Criminal Code or if they commit it during work outside prison or while
enjoying bonus leave or a community measure.
6. For the purpose of applying the provisions under para 5, the Authority proceeding in relation
to the new crime shall inform the Supervisory Judge of the place where the person was last
imprisoned.
7. The prohibition of granting benefits under para 5 shall last 5 years from the resumption of
detention, or from the revocation order.
7-b. Assignment to the probation service in the cases provided for by art. 47, home detention
and semi-liberty cannot be granted more than once to the sentenced person to whom the recidivism
provided for by art 99, para four of the Criminal Code was applied.
REGULATIONS OF ENFORCEMENT OF THE PENITENTIARY ACT
(Decree of the President of the Republic nr. 230 of 30 th June 2000)
Art. 1
Treatment interventions
1. The treatment of accused persons submitted to deprivation of freedom involves the offer of
direct interventions aimed at upholding their human, cultural and professional interests.
2. The re-education of convicted offenders and internees is designed to promote the process of
changing their personal conditions and attitudes, and of improving their family and social
relationships, enabling them to reintegrate constructively into society.
3. The provisions of the present regulations referring to accused persons are also applicable to
persons under investigation.
Art. 2
Security and respecting of rules
1. The order and discipline of the penal institutions guarantee the security conditions essential for
carrying out effective treatment of prisoners and internees. The Governor of the institution has
the task of ensuring security and respect for the rules, with the assistance of the prison staff
according to their respective tasks.
omissis
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Art. 5
Supervision by the Supervisory magistrate
on the organisation of the institutions
1. The Supervisory magistrate, in the exercising of his supervision functions, obtains, by means of
visits and interviews and, when necessary, the viewing of documents, direct information as to
the carrying out of the various services of the institution and the treatment of the prisoners and
internees.
1.
2.
3.
4.
5.
6.
7.
Art. 6
Sanitary conditions and lighting of premises
The premises in which prisoners and internees live must have adequate hygienic conditions.
Bedroom windows must ensure a direct flow of natural light and air. Shielding which obstruct
this flow are not permitted. Only in exceptional cases and for proven security reasons can shields
be used, provided they are not set touching the wall of the building and that they in any case
allow for a sufficient flow of direct air and light.
Push buttons shall be provided for the artificial lighting of the bedrooms, as well as for
operating radio and television equipment, both on the outside for the prison staff and on the
inside for prisoners and internees. The staff can use the outside push buttons to switch off those
inside, when the use of the latter threatens the orderly cohabitation of the prisoners and internees.
For the nightly controls by the staff, the lighting must be of reduced intensity.
Those prisoners and internees whose physical and mental conditions permit so, shall be directly
responsible for cleaning their own rooms and the toilet facilities attached to them. To this effect,
adequate means shall be placed at their disposal.
For the cleaning of bedrooms occupied by prisoners unable to keep them clean, the
Administration shall avail itself of paid work by other internees or prisoners.
Where conditions permit, units for non-smokers are provided.
Art. 7
Toilet facilities
1. The toilet facilities are situated in a space inside each bedroom.
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2. The spaces where the toilet facilities are situated are provided with hot and cold running water,
and are fitted with a washbasin, a shower, and, in particular in institutions or sections for
women, also a bidet for the personal hygiene of prisoners and internees.
3. An adequate number of toilet facilities, washbasins and showers must also be situated adjacently
to the locations and areas where communal activities are carried out.
1.
2.
3.
4.
5.
1.
2.
3.
4.
Art. 8
Personal hygiene
Those objects necessary for the care and cleanliness of the person are indicated, with specific
reference to their quality and quantity, in specific tables, separately for men and women, as
established by ministerial decree.
Barber and hairdressing services shall be available for men and women respectively, when
necessary.
The use of electric razors shall be permitted in bedrooms.
The internal regulations provide for the times and procedures of access to the barber and
hairdressing services and the daily times of hot water use.
The obligation to shower may be imposed for health or hygienic reasons.
Art. 9
Clothes and kit
The objects constituting bed linen, items of clothing and personal underwear, as well as other
effects which the administration is obliged to guarantee to prisoners and internees, are indicated,
with specific reference to their quality, in the tables established by ministerial decree, separately
for men and women.
The above-mentioned items of clothing and effects must be adequate to the change of seasons
and to the particular climatic conditions of the area in which the institutions are located; they
must be in sufficient quantity as to ensure adequate changes and good condition.
The duration of life is established per each item of clothing.
The administration shall replace any worn-out items of clothing or effects, including those
which wear out before their expected date. If the internee or prisoner is responsible for items
wearing out quicker than expected, he shall pay for the damage.
Omissis
9. Prisoners and internees using clothes and kit belonging to them personally and which cannot be
cleaned by the normal procedures used for those provided by the administration must see to this
at their own expense.
10. The administration shall provide civilian clothes to prisoners on release should the latter be
unable to sustain the cost.
Art. 10
Kit and objects of personal property
1. The internal regulations establish those cases in which internees or prisoners may be permitted
to make use of personal property, and provide which effects of personal belongings may be
used.
2. A laundry service shall be guaranteed, to which prisoners and internees may have access, even
at their own expense.
3. The possession of objects of particular moral or sentimental value is allowed, provided they are
not of any significant economic value and are not incompatible with the normal life of the
institution.
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1.
2.
3.
4.
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Art. 11
Daily food
Prisoners and internees shall receive three meals daily.
The internal regulations stipulate mealtimes such that the first may be consumed shortly after
waking, the second around five hours after the first, and the third around six hours after the
second.
Minors shall receive four meals a day, at suitable intervals.
The food tables, distinguished with reference to the criteria of Article 9(1) of the Penitentiary
Act, shall be approved by ministerial decree in accordance with Paragraph four of the same
article, in conformity with the advice of the Higher Institute of Nutrition. The food tables shall
be updated at least every five years. The formulation of the food tables must also take into
account, as far as possible, the different religious faiths.
Art. 12
Control of alimentary treatment and prices
of food sold in the institution
The representatives of the prisoners and internees as provided by Article 9(6) of the Penitentiary
Act are three in number.
In institutions in which food is prepared in several kitchens, there is a representative for each
kitchen.
The representatives of the prisoners and internees are present when food products are selected,
check their quality and quantity, and see to it that the items chosen are wholly used for the
meals preparation.
Representatives of prisoners and internees who are workers or students are granted leaves of
absence from their work or school in order to facilitate the carrying out of their duties; for
prisoners and internees who work for the penal institution administration, these leaves are
remunerated.
The above-mentioned representatives and the delegate of the Governor, as referred to under
Article 9(7) of the Penitentiary Act, shall present their observations, jointly or separately, to the
Governor.
The Governor shall obtain monthly information from the local authorities as to current prices on
the outside market for products corresponding to those on sale at the prison store, or information
as to the prices of the wholesale distribution outlet nearest to the institution. The prices of food
sold in the prison store, which must also be transmitted to the representatives of the prisoners
and internees, must be on a level with those found outside on the basis of the above-mentioned
information.
Art. 13
Premises for the preparation and the serving of food.
Use of cookers
omissis
3. Food is consumed as a rule in premises designed for the purpose, usable by a fairly low number
of internees or prisoners. The internal regulations establish the manner with which, in turn, the
internees and prisoners are allowed to cook in premises equipped for this purpose.
4. Prisoners and internees are permitted to use personal cookers in their own rooms to heat liquids
or food already cooked, as well as for drinks and food which are easy and quick to prepare.
5. The dimensions and characteristics of cookers must conform to ministerial provisions regulating
the procedures of use and of recovery, even if nominal, of expenses.
omissis
7. The internal regulations may provide that, with all due reserve, internees and prisoners may
cook food, establishing the foods that are allowed as well as the procedure to be followed.
Art. 14
Reception, acquisition and possession of objects and foodstuffs
1. The internal regulations shall establish which objects and foodstuffs all prisoners and internees
of the institution are permitted to possess, purchase and receive, aimed at personal care and at
carrying out treatment, as well as cultural, recreation and sports activities. In the identification of
permitted foodstuffs and objects, account shall also be taken of new technological instruments.
Prisoners are in any case forbidden to be in possession of money.
2. Restrictions are permitted when justified by proven security risks, also in relation to variations
in detention regimes which result from the application of Articles 14-bis, 41-bis and 64 of the
Penitentiary Act.
3. It is not permitted to receive alcoholic beverages from outside. It is permitted to purchase from
the prison store and to consume a maximum daily quantity of half a litre of wine (not exceeding
twelve degrees proof), and up to one litre of beer. The distribution and consumption of the above
beverages must take place in the premises where meals are consumed. In any case, it is forbidden
to accumulate alcoholic beverages.
4. Objects not allowed shall be confiscated by the management and, save when these constitute
material evidences, shall be returned to prisoners and internees on their release. Foodstuffs and
objects which are perishable or buIky and thus cannot be stored in the institution's storehouse
shall be returned to relatives on the occasion of visits or else sent to the same under the
responsibility and at the expense of the internee or prisoner.
5. Foodstuffs and objects coming from the outside must be contained in parcels which must
undergo inspection before being handed over to their recipients.
6. Prisoners and internees may receive four parcels per month, of total weight not exceeding
twenty kilos, containing exclusively articles of clothing or, in the cases and according to the
procedure established by the internal regulations, also common foodstuffs not requiring special
handling at inspection points.
7. Objects for personal use may be acquired or received in amounts not exceeding the normal
needs of the individual.
8. Foodstuffs, received or acquired from outside must not exceed the quantities necessary for the
needs of the individual.
9. Internees or prisoners may not accumulate foodstuffs in excess of their weekly needs.
10. The restrictions referred to under the preceding paragraphs do not apply to parcels, objects and
articles sent to mothers in detention who have children with them in the institution and which
are to supply the needs of the children.
Art. 15
Conveyance between internees or prisoners
1. The conveyance and receiving of amounts of “peculio” between internees or prisoners is
prohibited, save when members of the same family are involved.
2. The conveyance of objects of modest value between internees or prisoners is permitted.
Art. 17
Health care
omissis
6. For prisoners with a first degree sentence and for internees and convicted persons, authorisation
is given by the governor for examinations by a medical expert of their choice at their own
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expense.
7. As for medical examinations at prisoners' own expense, authorisation may be given for medical,
surgical and therapeutic treatment to be carried out at the expense of the interested party by
health officers or technicians of their choice in the sick rooms or clinical or surgical units of the
institutions.
omissis
Art. 21
Library service
1. The governor of the institution must ensure that prisoners and internees have easy access to the
publications in the library of the institution, as well as the possibility, through appropriate
agreements, to read the publications of public libraries and reading centres operating in the
place where the institution is situated.
omissis
4. Three or five representatives of the internees or prisoners are drawn by lot, with the procedures
provided by Article 67, for institutions with a number of inmates not exceeding or exceeding
five hundred respectively.
5. As part of the library service, a reading room is to be provided for the use of prisoners and
internees. Prisoners and internees who are workers or students can use the reading room also at
times subsequent to the carrying out of their work or study activities. The internal regulations
fix the manner and times of access to the reading room.
1.
3.
5.
6.
Art. 23
Procedures of admission to the institution
The governor shall see to it that the internee or prisoner, upon his admission, is subjected to a
search of his person and the taking of his fingerprints, and is enabled to exercise the faculty
provided by Article 29(1) of the Penitentiary Act, with the procedures provided by Article 62 of
the present regulations. The subject is to be submitted to a medical examination not later than
the following day.
omissis
An expert in observation and treatment shall carry out an interview with the internee or prisoner
upon his admission to the institution, in order to verify whether, and with what precautions, he
can adequately withstand the state of restriction. The results of the said examinations is to be
communicated to the professionals responsible for carrying out the appropriate intervention and
to the team of observation and treatment workers in accordance with Article 29. Any elements
of risk shall be communicated to the judicial bodies referred to in Paragraph 2. If the person has
problems of drug addiction, this shall be communicated to the drug addiction service operating
inside the institution.
omissis
The governor of the institution, or else a prison worker designated by him, shall carry out an
interview with the subject, in order to find out the necessary information to enrol him in the
register provided by Article 7 of the regulations for the execution of the code of penal procedure
under ministerial decree n. 334 of 30 September 1989, and to start the compilation of his
personal file, and to provide him with the information referred to by Article 32 of the
Penitentiary Act, and to hand over the abstract referred to by Article 69(2) of the present
regulations. In particular, the subject shall be given information as to the possibility of being
granted measures alternative to detention and the other penitentiary benefits.
Whenever an internee or a prisoner refuses to provide his details or when there are valid reasons
to presume that the details given are false, and provided that the subject's exact details cannot
otherwise be known, the subject is identified under the temporary denomination of "unknown",
with recourse to a photograph and to references to observed and noted physical features, all of
which shall be conveyed to the judicial authority.
7. In the course of the interview, the subject shall be asked to speak about any personal or family
problems requiring immediate intervention. The probation service centre should be informed of
such problems by the governor.
8. Objects given up by the internee or prisoner, as well as those found on his person and that
cannot be left in his possession, shall be retrieved and deposited in the governor's office. Objects
which cannot be kept shall be sold for the benefit of the subject or else sent, at his expense, to a
person designated by him. A report shall be made of the above operations.
9. Notice must be given to the proceeding judicial authority concerning objects given up by
accused persons or found on their person.
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Art. 25
Register of lawyers
1. Each penal institution has a copy of the register of lawyers of the district, which must be affixed
in such a way that prisoners and internees can view it.
2. It is forbidden for penitentiary workers to influence the choice of defence lawyer, either directly
or indirectly.
Art. 33
Regime of special surveillance
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4. The provision providing for the temporary regime of special surveillance which the internee or
the prisoner is undergoing shall be notified to the internee or the prisoner, who shall sign for
acknowledgement.
5. The prison management shall notify the internee or the prisoner the provisions implementing
permanently or extending the regime of special surveillance through the release of an integral
copy of the relevant documents as well as of the document providing for the previous temporary
special surveillance, if any.
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Art. 34
Complaint against provision of special surveillance
1. Any complaint against permanent provision of special surveillance, should it be proposed
through an act received by the institution governor, shall be recorded in the register under
Article 123 of the Italian Code of Criminal Procedure and under Article 44 of the legislative
decree 28th July 1989, n. 271 and the certified copy shall be transmitted at latest the following
day to the Supervisory Court that shall also receive a copy of the concerned person personal file
and of the provision implementing or extending the regime of special surveillance. In case of
special emergency the communication shall be transmitted by the most rapid means.
2. While presenting the complaint the internee or prisoner may appoint a lawyer.
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Art. 35
Foreign prisoners and internees
1. In the enforcement of liberty deprivation measures for alien nationals their linguistic difficulties
and cultural differences shall be taken into account. Contacts with their home country consular
authorities shall be favoured.
2. Furthermore, the intervention of cultural mediation workers shall have to be favoured also
through agreements with local bodies or volunteers associations.
Art. 37
Visits
1. Visits with convicts, internees and accused persons after the first degree sentence shall be
authorised by the prison governor. Visits with people other than relatives or cohabitants shall be
authorised in case reasonable reasons exist.
2. As to visits with accused persons before the 1 st degree sentence, applicants shall have to submit
the authorisation issued by the proceeding judicial authority.
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4. During the visit, behaviour must be correct and must not be disturbing for others. The
supervising staff may interrupt the visit of people having an incorrect or troublesome behaviour
and shall notify the governor who shall decide on exclusion.
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8. Prisoners and internees shall enjoy six visits per month. In case of internees or prisoners for one
of the crimes under the first sentence of Article 4-bis, para 1 of the Penitentiary Act and to
whom the benefit right hereunder is not applied, visits shall not exceed four per month.
9. For seriously sick subjects, or in case of visits with children younger than 10 year or in case of
special circumstances, visits may be allowed regardless of the limitations set out under
Paragraph 8.
10. The visit can last no more than one hour. Under very special circumstances the duration of the
visit with relatives or cohabitants may be extended. In any case the duration of the visit with
relatives and cohabitants shall be extended to two hours in case the concerned person lives in a
local council area different from that in which the prison is situated and in case during the
previous week the internee or the prisoner has not enjoyed any visit and the needs and
organisation of the prison allow it. Not more than three persons shall take part to each visit with
the internee or the prisoner. Derogation from that rule shall be allowed in case of visit with
relatives or cohabitants.
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1.
2.
3.
4.
5.
6.
Art. 38
Correspondence by letter and telegraph
Prisoners and internees shall be allowed to send and receive correspondence by letter and
telegraph. The management may also allow fax reception.
In order to allow correspondence, every week the Administration shall supply free of charge
both materials for writing a letter and relevant stamp to those prisoners and internees without
funds.
At the prison shop stationary necessary for correspondence shall always be available for sale.
The internee or the prisoner shall write his first name and family name on the envelope of the
outcoming correspondence by letter.
Incoming or outcoming correspondence in sealed envelope shall be inspected in order to detect
the possible presence of valuables or other objects that are not allowed. The inspection shall be
carried out in such a way to ensure the absence of check on the written contents.
Should the management suspect that the incoming or outcoming correspondence by letter may
contain crime elements or elements that could entail a menace to order and security, the letter
shall be withheld and immediate notification shall be sent to the Supervisory judge for the
adoption of due measures, or, in case of accused persons until the first degree sentence to the
proceeding judicial authority
7. The correspondence by letter, after undergoing the check upon request or officially, shall be
delivered or withheld upon decision of the Supervisory judge or of the proceeding judicial
authority.
8. Provisions under Paragraphs 6 and 7 shall also apply to telegrams and incoming faxes.
9. Should the management deem an outcoming telegram must not be sent for the reasons under
Paragraph 6, it shall inform the Supervisory judge or the proceeding judicial authority that shall
decide whether to send the telegram or not.
10. Should correspondence be withheld the internee or the prisoner shall be immediately informed.
11. No checking procedure shall be applied to the correspondence by letter of internees or prisoners
addressed to administrative or judicial international bodies for human rights of which Italy is a
member state.
Art. 39
Correspondence by phone
1. Every institution shall be equipped with one or more telephones, according to the needs.
2. Convicted offenders and internees may be authorised by the prison Governor to have
correspondence by phone with relatives and cohabitants, or, if reasonable and acknowledged
reasons exist, with people other than relatives or cohabitants once a week. They may also be
authorised to the correspondence by phone with members of the family or other cohabitants on
the occasion of their return to the prison after a leave. In case of internees or prisoners for one of
the crimes under the first sentence of Article 4-bis(1) of the Penitentiary Act, to whom the
benefit right hereunder is not applied, the telephone calls shall not exceed two per month.
3. Authorisation may be granted, beyond the limitations under Paragraph 2, for urgent or special
relevance reasons, in case of correspondence with children younger than ten year or in case of
transfer of the prisoner.
4. Accused persons shall be authorised to correspondence by phone with the frequency and modes
under Paragraphs 2 and 3 by the proceeding judicial authority or, after a first degree sentence,
by the Supervisory judge.
5. The internee or the prisoner wishing to have correspondence by phone shall submit a written
application to the competent authority indicating the required telephone number and the names
of people to talk to. The allowed authorisation shall be valid until revocation. For cases set out
under Paragraphs 2 and 3 the applicant shall also indicate the reasons allowing authorisation that
shall remain valid, if granted, until the indicated reasons exist. The decision on the application,
either in case of acceptance or rejection, shall be motivated.
6. The phone contact shall be set by the prison staff through the available technological tools. Each
conversation shall last up to ten minutes.
7. The judicial authority competent for checking the correspondence by letter under Article 18 of
the Penitentiary Act, may prescribe hearing and recording of phone conversations through
suitable tools. When a prisoner or an internee detained for the crimes under Article 4-bis of the
Penitentiary Act is allowed a telephone call upon his request, that telephone conversation shall
always be recorded.
8. The correspondence by phone shall be charged to the concerned person, also in case phone
cards are used.
9. The cost shall be calculated for each phone call and simultaneously to it.
10. In case of call from outside aiming at a correspondence by phone with internees or prisoners,
the concerned person shall be informed only of the name declared by the calling person, unless
special precautionary reasons exist. In case the call is from a relative or a cohabitant being
imprisoned too, the conversation shall be allowed provided that both have been authorised,
without prejudice to provisions set out under Paragraph 7.
Art. 40
Use of radio equipment and other tools
1. Internees or prisoners shall be authorised to use a personal radio equipment. Moreover, the
Governor may authorise the use, also in the cell, of personal computer and portable cassette and
CD player for work and study reasons.
2. Special ministerial provisions shall set features, procedures for the use and conventional
expense, if any, for electric energy.
Art. 46
Exclusions from courses of education and vocational training
1. Should the internee or prisoner, during the education courses, even individual, or vocational
training, hold a behaviour unfulfilling his tasks, he shall be excluded from the course.
2. The provision of exclusion from the course shall be adopted by the institution Governor after
hearing the advice of the Observation and Treatment team and of education authorities and shall
be motivated, notably should the exclusion be decided contrarily to the above-mentioned
authorities’ advice. The provision may be withdrawn should the internee's or prisoner's
behaviour enable his re-admittance to the courses.
Art. 49
Priority criteria for the assignment to work within the institutions
1. While setting the priorities for the assignment of prisoners and internees to work, elements
provided by Article 20, para 6 of the Penitentiary Act shall be taken into account.
2. The institution governor shall ensure impartiality and transparency in assignment to work by
also seeking the advice of the observation and treatment team.
Art. 50
Obligation to work
1. Convicted persons and persons subject to the security measures of the penal farm and of the
penal labour colony, who have not been admitted to the semi-liberty regimes or to outside work,
or who have not been authorised to carry out artisan, intellectual, or artistic activities or
domestic work, and for whom a work in conformity with the criteria that are provided for under
Article 20, para 6 of the Penitentiary Act is not available, shall be bound to carry out another
working activity among those that are organised inside the institution.
Art. 53
Exclusion from working activities
1. Exclusion from working activities shall be adopted by the institution Governor, after seeking the
advice of the members of the observation team, as well as, if opportune, of the person in charge
of the working activities and of the employer, should the internees or the prisoners show a
substantial refusal to fulfil their working tasks and duties.
Art. 56
Deductions from remuneration
1. Deductions from remuneration for the reimbursement of maintenance payments and those
deductions provided for under Paragraph 2(1) and (3) of Article 145 of the Italian Criminal
Code applying to convicted persons, shall be made on every occasion payment of the
remuneration is made.
2. Without prejudice to the powers of the Enforcement Judge on disputes over the award and
payment of maintenance, the Supervisory Judge shall be empowered to decide claims relating to
the scheme applicable to deductions referred to under Article 145 of the Italian Criminal Code.
1.
2.
3.
5.
Art. 58
Manifestations of Freedom of Religion
Prisoners and internees shall have the right to participate in rites forming part of their religious
faith so long as compatible with the order and security of the institution and not contrary to the
law in accordance with the provisions of this Article.
Prisoners and internees who wish to do so shall be permitted to display images and symbols of
their own religious faith in their room or in their part of room when this contains more than one
bed space.
During leisure time individual prisoners and internees shall be allowed to carry out the practices
of their own religious faith so long as not expressed in a manner causing nuisance to the
institution community generally.
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As far as religious teaching and practices for persons belonging to other religious faiths are
concerned, even when ministers of the relevant faiths are not available, the institution shall
permit the use of premises suitable for such activities.
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Art. 61
Family links and progression in Treatment
1. The preparation of programmes of intervention concerned with the maintenance of relations
between prisoners and internees and their families shall be agreed between representatives of
the institution's management and Probation services centres.
2. Particular attention shall be given to the period of crisis following the separation of the persons
concerned from their families, seeking to make it possible to maintain valid relationships with
their children (especially when minor children) and to prepare the family, the immediate living
environment and the subjects themselves, for their return into society. To such end, the
institution Governor may, in accordance with the specific indications provided by the
Observation team, act as follows:
a) grant a visit in addition to those provided by Article 37;
b) authorise visits by those persons permitted to participate in the visits with permission to
spend part of the day with them in special areas or in the open and to have a meal
together, without prejudice to the procedures set out under Article 18(2) of the
Penitentiary Act.
Art. 62
Communication of entrance into an institution
1. Upon entrance into a Prison institution, whether directly from a situation of liberty or following
transfer, the prison workers shall ask the internee or prisoner if he wishes to give notice of the
fact to a relative or other person and if so, whether he wishes to use the ordinary post or
telegram. A formal record shall be made of the declaration.
2. The communication, contained in an open envelope or on a telegram form, shall be limited
solely to information relating to the initial imprisonment in a penal institution or to details of the
transfer. It shall be presented to the management which shall make immediate arrangements for
it to be sent at the interested person's expense. Where the recipient is a minor or internee or
prisoner without funds, the cost shall be borne by the Administration.
3. In the case of an alien national, the fact that he has been admitted to a penal institution shall be
communicated to the related consular authorities according to the cases and following the
procedures laid down in the relevant legislation in force.
1.
2.
3.
4.
Art. 69
Information on the legislation and regulations governing prison life
Every prison shall keep texts of the Penitentiary Act, of these Regulations, of the internal rules
and any other provisions of relevance to the rights and duties of prisoners and internees, their
discipline and treatment. Such texts shall be held in the library or in another place to which
prisoners have access.
On their first entry into the institution, each internee or prisoner shall be given an abstract of the
main rules and regulations referred to under Paragraph 1 with an indication of the place where it
shall be possible to find the full texts. The above mentioned abstract shall be supplied in the
most common languages spoken by foreign prisoners and internees.
Prisoners and internees shall be informed of all changes to the subjects referred to under
Paragraph 1 hereof.
Observance by prisoners and internees of the rules and regulations governing prison life shall
also be obtained by explaining the reasons for the same.
Art. 70
Rules of Conduct
1. Prisoners and internees are required to respect the rules governing prison life and the
instructions given by the staff. They should maintain respectful behaviour towards both prison
workers and those visiting the institution.
2. Prisoners and internees must conduct themselves properly in their contacts between each other.
3. The polite form of address (“Lei”) must be used in reciprocal relations between prison workers
and between prisoners and internees.
1.
2.
3.
4.
5.
Art. 72
Compensation for damage caused to property of the Administration or Third Parties
Should damage be caused to movable or immovable property belonging to the administration,
the management shall carry out an investigation aimed at assessing the value of the damage and
identifying the person responsible, also evaluating the degree of culpability.
Having finished the investigation and after having heard the person concerned, the management
shall notify in written to such person the financial charge made and invite him to make
compensation, at the same time setting out the manner of payment to be adopted. This may
include payment by instalments.
The money due by way of compensation shall be deducted from disposable “peculio”.
Should damage have been caused to property belonging to other prisoners and internees the
institution management shall encourage the payment of voluntary compensation.
Voluntary compensation shall be considered as a mitigating circumstance in any disciplinary
proceedings.
Art. 75
Claims and Complaints
1. The supervisory judge, the regional superintendent and the prison governor must give prisoners
and internees the opportunity of direct contact with them, through periodic individual interviews
which shall be particularly frequent as for the governor. They shall frequently visit the premises
in which prisoners and internees are held, using such visits as a further opportunity for the latter
to approach them individually for the necessary interviews or for the oral submission of claims
or complaints. The visits of the supervisory judge and of the regional superintendent shall be
noted in a register for each authority. Such records shall include remarks emerging following
such visits. The governor too shall note in an appropriate register the interviews carried out.
2. Prisoners and internees requesting the necessary materials for drawing up claims and complaints
to the authorities indicated under Article 35 of the Penitentiary Act shall be provided with it.
3. Should the internee or prisoner decide to use the closed envelope procedure, he shall directly
close it himself, writing “Confidential” on the envelope. If the sender has no money, the cost
shall be borne by the management.
4. The supervisory judge and the Penitentiary Administration staff shall inform as soon as possible
the internee or the prisoner submitting an oral or written claim or complaint of the measures
taken, also explaining the reasons why they have not been admitted.
1.
2.
3.
4.
5.
Art. 76
Rewards
The assignment of rewards shall be on the initiative of the Governor and shall be made to those
prisoners and internees who have distinguished themselves in the following ways:
a) particular commitment in carrying out work;
b) particular commitment to, and benefit obtained from, courses of study and vocational
training;
c) active collaboration in the organisation and conduct of cultural, recreational and sporting
activities;
d) particular sensitivity and availability in offering help to other internees or prisoners in
the form of moral support in moments of difficulty when dealing with their personal
problems;
e) responsible behaviour in situations of disturbance of the life of the institution, seeking to
promote a reasonable attitude on the part of the prison community;
f) actions deserving civic valour.
The actions indicated above shall be rewarded as follows:
a) Commendation;
b) A proposal to grant the benefits provided by Articles 47, 47ter, 50, 52, 53, 54 and 56 of
the Penitentiary Act and 94 of the Presidential Decree no. 309 of 9th October 1990,
provided always that the requirements for the same have been met;
c) proposals for the granting of a pardon, of conditional release and of early revocation of
the security measure.
The reward referred to under Paragraph 2(a) shall be granted by the Governor while those
referred to under 2(b) and (c) shall be granted by the Disciplinary Council having heard the
Observation team.
In the choice of the type of reward and the procedures to be adopted, account must be taken of
the importance of the conduct and of the habitual behaviour of the person concerned.
Details of any rewards granted to an accused person shall be notified to the proceeding judicial
authority.
Art. 77
Disciplinary infringements and sanctions
1. Disciplinary sanctions shall be inflicted on prisoners and internees who have been responsible
for the following:
1) negligence both in the cleaning and in the tidiness with regard to the person and to the
cell;
2) leaving the place assigned to them without justification;
3) wilful failure to carry out work duties;
4) attitudes and behaviour causing nuisance or disturbance to the prison community;
5) playing games or carrying out other activities prohibited under the internal rules;
6) faking illness;
7) trafficking in goods the possession of which is allowed;
8) possession of, or trafficking in, money or prohibited goods;
9) fraudulent communication with the outside or inside the institution in the cases indicated
Formattato: Rientro: Sinistro:
1,25 cm, Numerazione
automatica + Livello:1 + Stile
numerazione: a, b, c, … +
Comincia da:1 + Allineamento:
A sinistra + Allinea a: 0,63 cm
+ Tabulazione dopo: 1,27 cm
+ Rientra di: 1,27 cm,
Tabulazioni: Non a 1,27 cm
under Article 33, para 1, numbers 2) and 3);
10) indecent exposures or acts offending public decency;
11) intimidation of companions or bullying behaviour against them;
12) falsification of documents coming from the Administration and entrusted to the care of
the internee or prisoner;
13) misappropriating or damaging the Administration's property;
14) possession of, or trafficking in, instruments likely to wound;
15) offensive attitude to prison workers or to others coming to the institution for work or on
visits;
16) failure to observe instructions or prohibitions or unjustified delay in complaining with
them;
17) unjustified delay in returning to the institution provided for by Articles 30, 30 ter, 51, 52
and 53 of the Penitentiary Act;
18) participation in disorder or riots;
19) incitement to disorder or riots;
20) escape;
21) committing offences causing harm to companions, prison workers or visitors.
2. Also attempts to carry out the above acts shall be punishable by the infliction of sanctions.
3. The sanction entailing exclusion from association activities may not be imposed for the
infringements under paragraph 1 numbers 1) to 8) save where the infringement has been
committed within a period of three months from the commission of an earlier infringement of
the same nature.
4. The proceeding judicial authority shall be informed when a sanction has been inflicted on an
accused person.
1.
2.
3.
4.
Art. 78
Disciplinary provisions as precautionary measures
In cases of great urgency deriving from the need to prevent damage to property or injury to
persons, insurgency, the spread of disorder or in the presence of matters of particular
seriousness threatening the security and order of the prison, the Governor may, as a
precautionary measure, order that an internee or a prisoner who committed an infringement
punishable with exclusion from association activities remain in an individual cell while awaiting
the holding of the Disciplinary Council. Such a decision must be motivated.
Immediately after the adoption of the precautionary measure, the person subjected to the
sanction shall be examined by the prison physician who shall issue a certificate as provided for
by Article 39, para 2 of the Penitentiary Act.
The Governor shall start and carry out the disciplinary procedure as soon as possible, applying
the provisions of Article 81, para 2 et seq.
The duration of the precautionary measure shall not, in any case, exceed 10 days. The duration
of the precautionary measure shall be deducted from any sanction applied.
Art. 96
Application for assignment to the Probation service and decision
1. The application for assignment to the Probation service must be submitted to the institution
Governor. The latter shall send the application to the Supervisory judge with geographical
competence over the place of detention, enclosed with a copy of the personal file. The Governor
shall likewise send the proposal of the Disciplinary Council.
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Art. 99
Probation in particular cases
1. Whenever the convicted person is drug-addict or alcoholic and has applied for a sentence of
probation as provided for by Article 94 of the Presidential Decree no. 309 of 91 October 1990,
after the sentence enforcement order has been put into effect, the related application should be
submitted to the institution Governor who in turn shall send it without delay to the Public
Prosecutor's office responsible for enforcement.
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Art. 103
Reduction of Sentence for early release
1. The provisions of Article 96(1) shall apply, being consistent, to the forwarding of requests and
proposals for the grant of the benefit provided for by Article 54 of the Penitentiary Act.
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Art. 104
Conditional Release
1. The Governor shall send any application or proposal for conditional release to the Supervisory
Court without delay, accompanied by a copy of the personal file and of the results of the
observation of the person concerned, if this has been already carried out.
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Art. 106
Remission of Debt
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3. The submission of the proposal or the request shall suspend enforcement proceedings for the
payment of legal costs of any legal proceedings currently underway. To such end, the court’s
clerk office of the Supervisory Office shall give notice of the submission of the request or
proposal to the clerk office of the enforcement Court. The same court’s clerk office shall also be
given a notice of the refusal or acceptance of the request.
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