Enforcement of alternative measures to detention in EU countries: The Italian situation
| Published date | 30 April 2024 |
| DOI | http://doi.org/10.1177/20662203241247666 |
| Author | Monica Cali |
| Date | 30 April 2024 |
| Subject Matter | Practice Brief |
Practice Brief
European Journal of Probation
2024, Vol. 16(1) 68–73
© The Author(s) 2024
Article reuse guidelines:
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DOI: 10.1177/20662203241247666
journals.sagepub.com/home/ejp
Enforcement of alternative
measures to detention in EU
countries: The Italian situation
Monica Cali
President of the Surveillance Court of Brescia, Italy
Abstract
With Framework Decision 2008/947/JHA, about the application of the ‘principle of mutual
recognition to sentences and probation decisions with a view to the supervision of probati on
measures and alternative sanctions’, the European legislator intervened on the matter of
criminal enforcement in order to coordinate those cases in which an ‘alternative sanction’
is issued in one country and executed in a foreign country. This regulatory act, in addition
to allowing the implementation of some founding principles of the European Union –in
particular the mutual recognition of judicial decisions as well as the freedom of residence
and movement in the various member countries –also pursues the express aim of
‘strengthen the possibility of social reintegration of the convicted person, allowing him to
maintain, among other things, family, linguistic and cultural ties, but also to improve the control of
compliance with the probation measures and alternative sanctions with the aim of preventing
recidivism, taking therefore consideration to the protection of victims and to the public, generally’.
Keywords
Framework decision, Italy, alternative measures
In Italy, despite the directive, until the issuing of Legislative Decree 15/02/2016 n. 38, the
jurisprudence of merit and legitimacy have always excluded the possibility that a person
convicted in an alternative measure to the prison sentence could carry out the execution of
the benefit granted to him in place of the sentence abroad rather than on national territory.
Among the arguments derived there was the one about social service for adults which can
only carry out their activity at a national level. In addition, their supervision, by its specific
nature, is not included among the functions that can be exercised by consular offices so it
Corresponding author:
Monica Cali, President of the Surveillance Court of Brescia, Brescia, Italy.
Email: monica.cali@giustizia.it
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