Substitute penalties for prison detention in the Cartabia reform. The renewal process of the Italian penal sanction system between the need for deflation and the pursuit of the reeducational purpose of the sentence.

Authors

  • PIETRO MARIA SABELLA

Keywords:

re-educational purpose of criminal sanctions, Cartabia reform, National Plan for Recovery and Resilience, art. 10-bis Italian criminal code, law n. 689/1981, legislative decree n. 150/2022

Abstract

The paper analyses the recent intervention of the Italian legislator, with the Cartabia reform, on the penal sanctioning system. In particular, it focuses on the effects of the introduction of the ‘new substitutive criminal sanctions’, provided for by Article 20-bis of the Criminal Code and governed by Article 53 and following of Law No. 689/1981 and tries to verify the capacity of this intervention to overcome the ‘prison-centric’ model of Italian criminal justice and the compatibility of the new system with the principle of re-education of penalties, provided for by Article 27, Section III, of the Italian Constitution

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Published

2024-08-23

How to Cite

SABELLA, P. M. (2024). Substitute penalties for prison detention in the Cartabia reform. The renewal process of the Italian penal sanction system between the need for deflation and the pursuit of the reeducational purpose of the sentence. Revista Penal, (52), 224–244. Retrieved from https://revistapenal.tirant.com/index.php/revista-penal/article/view/84

Issue

No. 52 (2023)

Section

Doctrina