Paolo Persichetti Liberation, June 15, 2008
Submission to the Senate Judiciary Committee in the draft bill on the abolition of prison benefits.
"We want the certainty of punishment. Gozzini abolish the". Before climbing on the highest bench of the Chamber Gianfranco Fini had said time and again. Now that the right is holding the reins of government and all opposition in Parliament has disappeared, the design restorer seems unstoppable and is poised to give new substance to the material constitution of the country before taking the attack to the office. After the special laws for the region, the security package that provides for the propagation and transformation of CPT in prison-camp, the penalty for aggravating irregular migrants, forced evictions, the profiling, raids and the army against nomads in the streets, the crackdown also affects the security-prisons.
was filed in the Senate the bill 623, for the "Amendments to Law 26 July 1975, No. 354, and the Code of Criminal Procedure, relating to permits and premium alternatives to detention." Filippo Berselli first signatory, President of the Senate Judiciary Committee with a profile securitarian first-rate: a former Member of An MSI then Senator and now leader of the PDL.
The bill provides for the abolition of early release, namely the reduction of sentences of 45 days per semester granted in case of good behavior and positive participation of prisoners for re-education course. Intention that difficult to find the backing of the same Penitentiary Police.
who works daily in the prison knows that this is one of the institutions that contributed most to "pacify" the prisons, defusing riots, protests and violent confrontations. Among other things, the reduction of sentence for good behavior sees Italy in a position of lagging behind compared to other European countries where this measure can be reached in different ways, until the middle of the sentence and not just one quarter as required by text of current law, passed by Parliament in 1986.
Measures put in the yard severely affect the lifers, who see doubled the time to get permits: from the current ten-year sentence at a minimum of twenty expiated, "on the assumption that after twenty years, the risks to the community are reduced to zero or almost. " For them it is also completely abolished the ability to access to day release, expected today after twenty years in prison.
For inmates with sentences temporary, however, the entry in semi-liberty (outside work day and night in a cell) move from half to two thirds of the sentence for less serious offenses and two-thirds to three quarters for the categories are judged. Probation services social no longer cover the last three years but only the last sentence, and who is at liberty must necessarily be reincarcerato if you would get the benefit. Which means that it will be automatically excluded, given the long working days which mark the Probate Court.
is then expected to decrease by half of the special home detention would increase from four years to two, while "in consideration of the lengthening of human life happy" this benefit will no longer be granted to the over seventy but will be confined only to the ultra seventy-five ... if they can survive in the cell.
After putting out Cesare Previti his friends have returned to consider the prison for the elderly made a humanly acceptable. The amendments to the Code of Procedure concerning the impossibility of agreeing to the sentence (Article 444) without a prior agreement and appropriate compensation to the injured party. While the institution of suspension of sentence (Article 666) is reduced from three to one year to make it compatible with a simultaneous change of custody in evidence to social services.
This is the substance of the proposed changes. The promoters' intentions are clear: defeat the content of Article 27 of the Constitution which establishes the character of the rehabilitation effort. It is not a reform designed to restrict the use of benefits but a brutal elimination of a legislative institution, it must be said, already widely accepted.
Since its first draft, in fact, the law Gozzini (not exempt from relief for his installation premialistico and her "redemptive ethics") has undergone continuous and repeated restrictions. In particular with the introduction of standards (such as art. 4-bis), which have drastically reduced or denied the application to growing number of crimes.
Already today, contrary to what is being said by the promoters of its abolition, access to benefits is with considerable difficulty and it is almost unattainable for offenses more severe. Some of these, such as infringements in the Mafia, terrorism or kidnapping for extortion, eligible for parole and allowed only if they cooperate with the justice system, otherwise they remain excluded.
for murder or international drug trafficking, since the 90's access permissions is only possible after serving half his sentence and two thirds for parole. Also, once reached the time limits of the law to file the application, there is no automatic, but began a long and complicated path of observation prison, marked by systematic delays and discards the benefits that make the port a true path to "fighter".
The criteria required for access are also very selective and require in addition to the subjective, documented observation prison inside the prison, even as the objective requirements for a job, a residence. Elements which effectively excludes foreigners, who now represent over one third of inmates. In short, the obsession with denouncing securitarian drum swing permissiveness prison, thanks to the support of its powerful media apparatus, not telling the truth. Foment an ideology rather low alloy that simulates instincts of the human disturbances.
the end of 2007 the number of permits granted (data Dap) amounted to just 7,749, with a percentage of non-infringement falls far below 1%. Not being the unbundled figures shown do not allow us to know the real number of detainees "permessanti. But one can easily agree that since each permit must distance of at least forty days before the magistrates of monitoring can deliver to every prisoner not allowed more than 8 per year. In this way the number of what they get the benefit is approximately around a thousand a year, at a prison population with a penalty of about 20,000 definitive about 51,000 people detained in February 2008. The national total of semi-free is even more laughable: only 727 at the end of 2007.
not surprising then that some months ago the director of the Dap, Ettore Ferrara, on the basis of a report which drew attention to the positive results derived from the benefits offered from prison, especially in terms of reducing the propensity to recurrence, emphasized the overly restrictive behavior of Probate Court inviting you to have a more brave in the granting of alternative measures.
The need to retrieve the "certainty and effectiveness of pain," the need to stop the "reduction of the custodial nature of the prison" is therefore a pernicious myth stirred by the supporters of disciplinary society. When the Enlightenment culture introduced in his claims to the "degree of punishment", the goal was to establish rules that define exactly the way it is, at a time when the penalty was simply a waiting time without measure, which preceded the torture. The concept of "certainty" was not separated from that of "moderation and proportionality." With the abolition of prison benefits, the penalty becomes purgative that punishment which society is an illusion to expel evil from itself.
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