How does life imprisonment work in Italy

Italy, a country known for its rich history, art, and culture, also has a complex criminal justice system. Life imprisonment is one of the harshest penalties that can be imposed on criminals in Italy. In this article, we will explore how life imprisonment works in Italy – from its legal framework to its practical application.

The legality of life imprisonment in Italy is deeply rooted in the Italian Penal Code. According to Article 4 of the Penal Code, life imprisonment is a punishment that may be imposed for the most serious , such as murder, terrorist acts, organized crime, drug trafficking, and crimes against humanity. It is important to note that life imprisonment in Italy does not necessarily mean an entire lifetime behind bars, as there is a possibility of parole after a certain period.

In Italy, life imprisonment is divided into two different types: ergastolo ostativo and ergastolo ordinario. Ergastolo ostativo, also known as “irrevocable life imprisonment,” means that the prisoner must serve their entire without the possibility of parole. This type of life imprisonment is reserved for individuals who have committed exceptionally heinous crimes, such as multiple murders or acts of terrorism. Ergastolo ordinario, on the other hand, allows for the possibility of parole after a specific period, typically after serving 26 years of the sentence.

The decision to impose life imprisonment is made by a judge or a jury, depending on the nature of the crime. The judge or jury takes into consideration various factors, such as the severity of the crime, the criminal’s intent, their criminal history, and the impact on the victims and society. Once the sentence is pronounced, the convicted individual is transferred to a maximum-security prison.

Life imprisonment in Italy also includes various regulations and procedures that govern the daily lives of prisoners. Inmates serving life sentences are subject to strict security measures and are typically held in high-security facilities. These facilities are designed to prevent escape attempts and ensure the safety of both the inmates and prison staff.

While serving their sentence, prisoners have access to certain rights and opportunities for rehabilitation. They can participate in educational programs, vocational training, and psychological counseling to aid in their reintegration into society. However, the chances of parole for those serving ergastolo ostativo are slim to none, as their sentence is meant to be served in its entirety.

The possibility of parole for those serving ergastolo ordinario, after serving 26 years, is decided by the “Tribunale di Sorveglianza” (Surveillance Court). The court examines the prisoner’s behavior, rehabilitation progress, and the potential risk to society if released. If parole is granted, the individual may be subject to certain conditions, such as regular reporting to authorities, mandatory residence, or prohibition from certain activities.

It is important to highlight that life imprisonment in Italy is not without its controversies. Human rights organizations argue that life imprisonment, especially ergastolo ostativo, may be considered a violation of human rights as it denies any hope for the prisoner to be released. They advocate for the possibility of parole for all prisoners, irrespective of the nature of the crime committed.

In conclusion, life imprisonment in Italy is a punishment for the most heinous crimes. While ergastolo ostativo ensures the complete incarceration of the offender, ergastolo ordinario allows the possibility of parole after a certain period. The decision to impose life imprisonment is based on several factors and is determined by a judge or a jury. Regardless of the ongoing debates surrounding life imprisonment, Italy’s criminal justice system remains committed to punishing those who commit grave offenses and protecting the safety and well-being of society.