Italy’s Constitutional Court has ruled that barring offenders convicted of serious crimes from accessing alternative sentences does not violate the constitution. However, the court emphasized that the execution of prison terms must strictly adhere to constitutional principles of rehabilitation and humane treatment. The ruling affirms that the legislature acted within its discretion by enacting the Cartabia reform, which prohibits applying alternatives to incarceration for individuals convicted of offenses listed under Article 4-bis of the penitentiary system (so-called ‘serious obstructive crimes’). Nevertheless, the court stressed that both the legislature and the prison administration bear a “precise duty” to ensure all inmates serve their sentences under “conditions respecting personal dignity and the principle of humanity in punishment.”
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