Penal system of the Kingdom of Italy
In Italy, the penal system is defined as the complex of penitentiary institutions and is part of the criminal justice system of the Italian State. The penal system is operated by the Ministry of Grace and Justice.
Sentenced persons may be sentenced to prison, as well as persons awaiting trial in relation to offenses of particular gravity, as well as for crimes of particular alarm or danger; in the latter case the detention is called preventive detention or custody. The penitentiary administration is responsible for the enforcement of sentences. The measures imposed on them shall are taken both before or after judgment and shall be carried out either in a closed environment, in prisons or in an open environment, with or without prior confinement.
The role of the prison in Italy is to protect society against dangerous individuals; aside of this, the punishment in general and in particular the detention has a function essentially remunerative, according to the Italian legal system; the debt contracted with the society is expiated by punishment. Imprisonment also has an explicit function of social deterrence.
General overview
The Italian penitentiary system espouses a retributive and repressive vision, in order to pursue in an exemplary way anyone who proves to be contrary to the regime and violates its laws. The Regulation for Prevention and Penal Institutions (Royal Decree 18 June 1931), albeit reformed, is still the regulatory reference framework for the prison system.
The general nature of the Regulation is directed to the rehabilitation of the condemned; this purpose, however, is subject to the strictly afflictive and intimate nature of the imprisonment. In this sense, the prison is conceived as a closed and total institution, rigidly separated from the outside world, inaccessible to almost any person outside the hierarchy and the penitentiary discipline. The prisoner, called and identified with a matriculation number instead of the name and surname, must amend through education, religious practices (understood as a method of indoctrination to the social order) and work (understood above all as a means of social reparation, even if remunerated).
Alongside the principle of retribution and affliction, a re-educational treatment must be implemented for the condemned and interned which tends to reintegrate them into society. The treatment is carried out in relation to the specific conditions of the subjects.
Interviews with family members are limited, and on a special personal record note of behaviour in prison, personal and family background and even cases of insanity, alcoholism, syphilis, suicide or prostitution among relatives, as well as of the their political ideas.
Limitations
Prison treatment must conform to humanity and must ensure respect for the dignity of the person. The treatment is based on impartiality, without discrimination in terms of economic and social conditions.
The treatment of defendants must be strictly based on the principle that they are not considered guilty until final conviction.
Penitentiary institutions
Penitentiary institutions for adults are divided into four categories:
- 156 Preventive Custody Institutes: Preventive Custody Institutes are for prisoners awaiting trial and are distinct in District and Subdistrict Institutes. The former are for the detention of the defendants at the disposal of any judicial authority, the second for those available to the praetor. Both are intended for custody of arrestees or arrestees and inmates in transit, but also for prisoners with definitive short sentences (up to three years).
- 42 Detention Houses: Detention Houses are for imprisonment of those who are sentenced to arrest and/or reclusion; they are often part of the same prison facility together with a District Institute.
- 14 Institutes for the implementation of security measures: Institutes for the implementation of security measures are divided into agricultural colonies, labour houses, penitentiary hospitals, penitentiary psychiatric hospitals.
- 10 Observation centers: Observation Centers are autonomous institutes or sections of other institutes where the detainees' personalities are subjected to scientific observation activities and may be used to carry out medical-legal investigations against defendants.
General characteristics
Penitentiary institutions must be built in such a way as to accommodate a small number of prisoners or internees. Prison buildings must be equipped, in addition to rooms for individual living needs, also with rooms for carrying out common activities such as work, training and, where possible, cultural, sporting and religious activities.
The rooms in which the life of prisoners and internees takes place must be of sufficient size, illuminated with natural and artificial light so as to allow work and reading; they must be ventilated, heated for the time in which the climatic conditions require it, and equipped with reserved, decent and rational toilet facilities. The premises must be kept in good state of conservation and cleaning. Residential areas must be equipped with common spaces in order to allow prisoners and internees to manage daily life in the domestic sphere cooperatively.
The premises intended for overnight stays consist of bedrooms equipped with one or more beds. Each prisoner and internee has adequate equipment for his bed. Particular care is employed in the choice of those subjects which are placed in multi-bed rooms.
Without prejudice to a contrary health prescription and unless particular situations of the institute do not allow it, the person sentenced to life imprisonment is preferably allowed to stay overnight in single-bed rooms, where he does not request to be assigned to multi-bed rooms. The defendants are guaranteed stays in a single room, unless particular situations of the institute do not allow it.
Prison uniforms
Each person is provided with linen, clothing and effects of use in sufficient quantities, in a good state of conservation and cleanliness and such as to ensure the satisfaction of the normal needs of life. The prison uniform is plain fabric and decently styled. Work clothes are allowed when necessary. Prisoners and internees may be allowed to make use of their property and of objects that have particular moral or emotional value.
Defendants and those sentenced to imprisonment of less than one year may wear their own clothes, as long as they are clean and convenient. The prison uniform provided to defendants must be different from that of convicts and internees.
Organization of a prison
The Penitentiary Director (Italian: Direttore Penitenziario), who is a senior official of the Grace and Justice Ministry, is in charge of the coordination of all services within his assigned Prison. The Director is the official called to manage the Institute as a whole. The Deputy Penitentiary Director coordinates administrative and strictly legal functions, managing Penitentiary Officials and Clerks. Despite the relevant role of the Commander of the relevant Penitentiary Police Unit, the definitive measures are issued only by the Director, and all the others, despite their autonomy, are executors.
The Penitentiary Director is the coordinator and initiatior of the prison's life. The Penitentiary Director has a variety of tasks: he ensures the maintenance of the prison building, supervises the educational relationship of the detainees, he is responsible for hygiene and health conditions of prisoners, he must intervene in the disciplinary sector towards detainees (chairing the Discipline Council of Detainees), he has responsibility for spending, supervises the definition of the food and health treatment of detainees, he issues the internal regulations and supervises the educational activities of the detainees.
The Penitentiary Director, moreover, hase some responsabilities related also to the Corps of Penitentiary Police. The Director mus intervene in disciplinary matters against civilian personnel, hierarchically subordinate to him, and is a member of the Local Discipline Commission for Agents of Penitentiary Police. The Director is the figure who is in charge of requesting the intervention of other security agencies in case of disturbances that the Penitentiary Police cannot manage (while the intervention of reinforcements of the Penitentiary Police is responsibility of the Commander), and is responsible for handling administrative affairs, including those pertaining to the Penitentiary Police Unit.
The Penitentiary Police Unit, which groups all Penitentiary Police personnel within a single Prison, is in charge of application of penitentiary measures. Therefore the Commander of the Penitentiary Police Unit directs all activities aimed to the detainees. The technical personnel of the Ministry of Grace and Justice is in charge of implementing accessory activities in order to allow an education of the detainees.
Visits to institutes
Penitentiaries and their premises can be visited without authorisation by:
- Duce, Chief of Government, President of the Chamber of Fasci and Corporations, President of the National Council, Ministers, Undersecretaries of State, President of the Constitutional Court and the First President of the Court of Cassation;
- The President of the Court of Appeal, the Prosecutor General of the King at the court of appeal, the President of the court and the Prosecutor of the King at the court, the praetor, the surveillance magistrates, within the respective jurisdictions; any other magistrate for the exercise of his functions;
- The Prefect and the Quaestor of the province; the provincial doctor;
- The local Bishop for the exercise of his ministry;
- The Director General for prevention and punishment institutions and the magistrates and officials delegated by him;
- The inspectors general of the prison administration;
- The inspector of chaplains;
- Officers of the Corps of Penitentiary Police;
- The Inspector General of the Treatment of Prisoners and the Inspectors subordinated to it;
Authorization is not necessary for those who accompany the persons above for reasons of their office. Criminal police officers and officers can access the institutes, for reasons of their office, with the authorization of the Quaestor. Ministers of Catholic worship and of other cults can access institutes with the authorization of the Institute director.
Maintenance of family ties
Prisoners can be visited by relatives or friends in parlors. It is sometimes difficult for relatives or friends to obtain a "visiting permit" (from the head of the penal institution or the investigating judge). Waiting times can be several months. Operations are carried out in order to favor the maintenance of the family ties of prisoners, considered as being one of the best guarantors of reintegration: reception and accommodation of children under 18 months of age with their imprisoned mothers, improvement of the parlors and development of play areas for children, shelter and waiting room for the reception of families.
Surveillance Magistrate
The surveillance magistrate is a magistrate charged with supervising and supervising the punitive and re-educational treatment of the individual prisoner. In particular, the Magistrate ensures that the execution of the detention of prisoners is carried out in accordance with the laws and regulations and supervises the execution of personal security measures.
The existence of the surveillance magistrate stems from the need to link the deprivation of liberty to the judicial decision. For this reason, he is a figure who, although an integral part of the judiciary, has executive responsibilities.
Functions
The surveillance magistrate provides for the application, execution, transformation or revocation of security measures. It also provides, with a motivated decree, on the occasion of the aforementioned measures, to the possible revocation of the declaration of usual, professional or tendency of delinquency. The Surveillance Magistrate approves the condemned person's treatment program and the provision for admission to work outside, provides for reports from the Inspector for the Treatment of Prisoners.
The Magistrate provides, with a motivated decree, on the changes relating to the probation of the social service and home detention and, by order, on the reduction of the penalty for early release and on the remission of the debt, as well as on external admissions. Finally, the Supervisory Magistrate expresses a reasoned opinion on the proposals and petitions for pardon concerning prisoners.
Directorate General of Preventive and Penitentiary Institutions
The Directorate General of Preventive and Penitentiary Institutions (Italian: Direzione Generale degli Istituti di Prevenzione e Pena, Di.G.II.Pre.P., often shortened in DiGIP) is the administrative structure of the Ministry of Grace and Justice, which manages the personnel and the property of the prison administration, which carries out the tasks related to the enforcement of precautionary measures, penalties and security measures Detention centers and treats detainees and interns. The Directorate General is centrally divided into a Secretariat, six Divisions and a Central Inspectorate, while its peripheral subdivisions are the prisons and five Interregional Directorates:
- Division I - Civilian Personnel and Resources;
- Division II - Custody personnel;
- Division III - Detention Facilities;
- Division IV - Adult detained and convicted persons and Treatment;
- Division VI - Juvenile detention;
- Division VI - Training
- Central Inspectorate.
Alongside the civilian subdivisions, the Directorate General also operates the Corps of Penitentiary Police.
Director-General of the Preventive and Penitentiary Institutions
At the top of the correctional apparatus sits the Director-General of the Preventive and Penitentiary Institutions who also assumes the role and functions of Commander of the Penitentiary Police Corps. One of the main prerogatives, with purely economic effects, is the attribution of a special allowance as commander general of a police force. The indemnity acquired remains even after leaving the post and even on the pension treatment.
The Director-General of the Preventive and Penitentiary Institutions, usually chosen from the Penitentiary Police, is a full member of the National Committee for public order and security.
Secretariat
The Secretariat is the administrative structure which deals with the general support for prison activities. It is divided into ten Offices.
- Office I - General programming and Personal Secretariat;
- Office II - Personnel and logistics facilities of headquarters;
- Office III - Management of the Single Protocol and Statistical Activity;
- Office IV - Legal advice for the activities of the General Directorate;
- Office V - General and Confidential Affairs;
- Office VI - Financial programming and management control;
- Office VII - Preparation of the budget;
- Office VIII - Peripheral Budget;
- Office IX - Inspections and Control Activities;
- Office X - International and Empire relations.
Office IX - Inspections
Office IX - Inspections and Control Activities is in charge of performing the inspection and intelligence collection within the prison system, representing the policy arm of the Personal Security and Security Office. The head of Office IX - Inspection and Control Activities serves as head of the U.S.Pe.G..
Throughout the national territory there are groups directly dependent on Office IX - Inspections, including substantial ones, indicated by name, set up at the Interregional Directorates and established by a Ministerial Decree issued on proposal of the Director-General of the Preventive and Penitentiary Institutions. Their job is to gather information on inmates under special prison regimes.
Division I - Civilian Personnel and Material Resources
Division I - Civilian Personnel and Material Resources (Divisione I - Personale civile e Risorse materiali) deals with the recruitment and management of civilian personnel (only those related to the penitentiary services, the rest being dealt with by the relevant Directorate General of the Ministry), serious disciplinary measures and movable property and services. The Division is subdivided into 7 Offices:
- Office I - General Affairs;
- Office II - Executive, Technical and Temporary personnel;
- Office III - Economic and Social Security;
- Office IV - Competitions;
- Office V - Mobile and instrumental asset management, clothing distribution service;
- Office VI - Contracts;
- Office VII - Transfers and Surveillance.
Division II - Custody personnel
Division II - Custody personnel (Divisione II - Personale di custodia) deals with matters relating to the personnel of the Penitentiary Police Corps, including recruitment, armaments, clothing and access competitions. The Divisional Head is the Deputy Chief of the Penitentiary Police Corps. The Division is subdivided into 5 Offices:
- Office I - General Affairs;
- Office II - Service Relationship;
- Office III - Competitions;
- Office IV - Armament and clothing distribution service;
- Office V - Economic and Social Security.
Division III - Detention Facilities
Division III - Detention Facilities (Divisione III - Strutture di Detenzione) deals with the operation and maintenance of all detention facilities and their buildings in Italy, as well as with the coordination of Local Offices of External Custody (framed within the Interregional Directorates). The Division is subdivided into 5 Offices:
- Office I - General Affairs;
- Office II - Local Offices of External Custody;
- Office III - Health Services;
- Office IV - General Maintenance;
- Office V - Repairs.
Division IV - Detained and convicted persons and Treatment
Division IV - Detained and convicted persons and Treatment (Divisione IV - Detenuti e condannati e Trattamento) manages the assignment and transfer of detainees and prisoners outside the prison, the administration of detainees under special regimes, health care and intramural treatment activities. The Division also has competence in the process of managing "collaborators of justice" as it must be informed together with the competent Prosecutor of this intention, and then take steps to protect the personal safety of the collaborator. Usually the Division Head is a Judge.
- Office I - General Affairs;
- Office II - Penal Treatment and Penal labour;
- Office III - Health Services;
- Office IV - Medium security detainees;
- Office V - High security detainees;
- Office VI - Central Laboratory DNA Database.
Division V - Juvenile Detention
Division V - Juvenile Detention (Divisione V - Detenzione Minorile) deals with reformatories and external execution for minor persons. As a general rule, proper detention is avoided as far as possible. The Division is subdivided into six Offices:
- Office I - General Affairs
- Office II - Personnel: carries out the recruitment and management of social services personnel for external prosecution;
- Office III - Prevention: Promotes deviance prevention interventions;
- Office IV - Repations;
- Office V - Execution: carries out the execution of the juvenile judge's actions in an external criminal field and in an internal criminal area;
- Office VI - Coordination: coordinates the juvenile structures on the territory and reformatories.
Division VI - Training
Division VI - Training (Divisione V - Formazione) ensures the uniformity of custody training processes for prisoners' internal and external treatment. The Division is divided into 4 offices and training schools:
- Office I - General Affairs;
- Office II - Training of personnel in the Internal Criminal Custody;
- Office III - Training of personnel for External Criminal Custody;
- Office IV - Training of personnel for Juvenile Criminal Custody;
- Office IV - Training of personnel of the Corps of the Penitentiary Police.
Training Schools are located in Catania, San Pietro in Clarenza, Cairo Montenotte, Portici, Rome, Verbania, Parma, Sulmona, Castiglione delle Stiviere and Messina. Such training schools are operated by the Penitentiary Police Corps, with the cooperation of technical teachers and within the guidelines issued by the Divisional Head and the overall governance of the relevant Interregional Directorate.
Interregional Directorates
The five Interregional Directorates are the peripheral organs of the Directorate General of Preventive and Penitentiary Institutions. They are responsible for personnel, organization of services and institutes, detainees and interns, relations with local authorities and national health services; the Interregional Directions perform these functions at the local level in accordance with the orders issued by the Director-General, also in order to ensure the uniformity of the penitentiary action on national territory.
Inspectorate-General for the Treatment of Prisoners
The Inspectorate-General for the Treatment of Prisoners (Italian: Ispettorato Generale per il Trattamento dei Detenuti) is a body within the Directorate-General that deals with the respect of law of treatment of persons detained or deprived of personal liberty.
Functions
The Inspectorate General for the Treatment of Prisoners and in particular the Inspector General has the task of personally carrying out periodic inspections in all places where there are people who are subject to limitations on personal freedoms. If deficiencies are found with respect to the compliance with laws, the Inspector proposes corrective actions to resolve the problems encountered. Instead, when he ascertains real violations within the penitentiary institutions, the Inspector sends specific instructions to eliminate the irregularities.
If the administration does not autonomously resolve violations of rights within 30 days, the Inspector formulates the report to the Director General and the Minister. In addition, the Inspector General holds a report every year in front of the Minister, where he explains the work done over the year and future prospects.
Powers
The Inspectorate-General and its Inspectors have a general power of visit, even without authorization, in penitentiary institutions of all kinds, in judicial psychiatric hospitals, in health facilities reserved for detainees, in structures reserved for house arrest and in criminal institutions for minors of all kinds.
The Inspectorate-General and its Inspectors also have the power to review the documents contained in the prisoner's file or the person deprived of liberty, to request information and documents from the prison administrations and to evaluate the complaints of detainees addressed to the Inspectorate.
Organisation
The Inspector General, appointed by the Duce on proposal of the Chief of Government, after having heard the Minister of Grace and Justice, has six central offices at his disposal:
- Office I - Secretariat;
- Office II - Deprivation of liberty in criminal matters;
- Office III - Foreigners;
- Office IV - Citizens of the Empire
- Office V - Deprivation of liberty in the protection of health;
- Office VI - External relations.
Consultative Committee
The Consultative Committee has 25 units - appointed by the Duce on proposal of the relevant Ministers - divided as follows:
- 18 members of the Ministry of Grace and Justice (6 Officers of Corps of Penitentiary Police, 6 Penitentiary Officials, 10 Judges);
- 4 members of the Ministry of the Interior (1 Official of Public Security, 1 Prefect, others at Minister's discretion);
- 3 members of the bodies of the National Health Service.
Inspectors
The operational pawns of the Inspectorate-General for the Treatment of Prisoners are the Inspectors for the Treatment of Prisoners. Inspectors are appointed by the Duce and are often senior politicians of the National Fascist Party with a background in judicial or penitentiary matters. Inspectors for the Treatment of Prisoners have the same powers of the Inspector General for the Treatment of Prisoners, to whom are hierarchically subordinate.