12 Sep alternatives to detention
The alternatives to detention (governed by Law. n. 354/1975) consist of the implementation of the various sentences from the execution of the sentence in prisons. The competence to decide on their concession is assigned to the Probate Court. They can access the prisoners who have shown progress in the re-socialization process and must serve a residue of pain that is within the limits set by law.
Probation with the social services provided for and regulated by art. 47 the Penitentiary: if the prison sentence not exceeding three years, the convicted person has the opportunity to be entrusted to social services outside the institution for a period equal to that of the punishment to be expiated. The measure is adopted based on the results of the observation of the personality, conducted for at least a month in school, in cases where it can be assumed that the same, through the requirements of such paragraph 5, contribute to the offender's rehabilitation and ensure the prevention of the risk of committing other crimes. The requirements on probation, modified during the execution of the measure, by the Supervisory Judge, They shall be provided in a special report in which it can be made during the whole or part of the period of probation the convicted person does not reside in one or more common, or reside in a common determined, establishing in particular, requirements that prevent the person from performing activities or to have personal relationships that can lead to the fulfillment of other crimes.
The probation is provided and governed by Articles. 48 and following penitentiary It includes the possibility for the condemned to spend part of the day outside the institution; They can be expiated in the parole regime of detention and imprisonment not exceeding six months, if the offender is not on probation with the social services. Apart from the cases provided for in paragraph 1, the convicted person is eligible to probation after they have served at least half of the sentence, ie if it is convicted of any of the offenses indicated in paragraph 1 Article 4 to O.D., at least two-thirds of it. Admission to the probation is ordered in relation to progress made during detention, when there are the conditions for a gradual reintegration of the person in society.
House arrest is ultimately governed by 'Article. 47 have O.P.: the penalty of imprisonment for any crime, with the exception of those provided by the book II, title XII, capo III, section I, and Articles 609-bis, 609-quater and 609-octies of the Penal Code, Article 51, 3 comma-bis, of the Code of Criminal Procedure and Article 4-bis dell'O.P., It can be atoned for by the convicted in their home or in another public place of care, assistance and hospitality, in the case of person who, at the time of execution of sentence, or after the beginning of the same, has completed his seventy years of age provided it is not declared a habitual offender, professional or trend nor has ever been convicted with the aggravating circumstance referred to in Article 99 the Penal Code.
The imprisonment of not more than four years, even if it constitutes the remaining part of a longer sentence, as well as the arrest sentence, They can be expiated by the convicted in their home or in another private house, or in a public care, assistance or reception, in the case of:
- a) pregnant woman or the mother of children aged less than ten that are living with her;
- b) father, operator of the power, offspring of less than ten years with his partner, when the mother has died or is absolutely unable to take care of the children;
- c) a person with particularly serious health conditions, requiring constant contacts with territorial health;
- d) person over the age of sixty years, even partially disabled;
- e) person under twenty-one years for proven health, of study, Work and family.
At sentenced, to which the recurrence has been applied under Article 99, fourth subparagraph, the Penal Code, home detention can be granted if the prison sentence, even if it constitutes the remaining part of a longer sentence, not exceed three years.
The home detention can be applied to serve the custodial sentence imposed to an extent not exceeding two years, even if it constitutes the remaining part of a longer sentence, regardless of the conditions referred to in paragraph 1 They do not satisfy the conditions for probation with the social services and provided that such a measure would help to avoid the danger that the sentenced person committing other crimes. The home detention is not licensable instead to those convicted for the offenses referred to in Article 4-bis and those in which the recurrence has been applied under Article 99, fourth subparagraph, the Penal Code.