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The Minister of Justice, Alfonso Bonafedeannounced a new measure three days ago, just as the controversy over nearly 400 had erupted scarcerazioni decided by the surveillance magistrates in a month and a half. Home detention, for serious health reasons in consideration of the emergency coronavirus, which also benefited the mafia bosses, Camorra and Ndrangheta, and which cost the resignation of Francesco Basentini from the leadership of Dap, the department that manages Italian prisons. “A law decree is being prepared that will allow judges, in light of the new health framework, to reevaluate the current persistence of the conditions for the release of high security and 41a prisoners,” Bonafede said in the Chamber of Deputies during of a heated question time. So yesterday there was a first confrontation with the representatives of the majority.
IN DEEP
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And tonight, with an oscillating drum, the measure that wants to remedy this situation and prevent it from happening again in the future is coming to the Council of Ministers. The first step had already been taken with the decree approved on April 29, which, however, dealt with future cases: no more releases released by judges without obtaining the prior opinion of the national anti-mafia prosecutor and district attorneys. Now we go further: according to what is learned on the basis of the decree that is being examined by the government, within 15 days the released prisoners related to the Coronavirus emergency will be reevaluated. The magistrate must first obtain the opinion of the District Attorney against the Mafia of the place where the crime was committed and the National Prosecutor against the Mafia and Terrorism for those convicted and incarcerated already subjected to 41-bis, the so-called hard prison. And then assess whether the conditions for home detention still exist, that is, whether “the reasons related to the health emergency” persist. The evaluation will be carried out “immediately”, even before 15 days, in the event that the Department of Prison Administration communicates the availability of penitentiary structures or protected medicine rooms appropriate to the health conditions of the prisoner or intern admitted in detention . at home or to take advantage of the postponement of the sentence. In any case, before proceeding, the judicial authority must consult the regional health authority, that is, the President of the Regional Council, about the local health situation. And obtain from the Department of Prison Administration information on the possible availability of prison structures or protected medicine rooms in which convicts or internees admitted to house arrest or to take advantage of the postponement of the sentence can resume detention or internment without prejudice to their health . Only once in possession of all these elements can you decide, with a pronunciation that will be reviewed every 30 days. The provision by which the judicial authority revokes the house arrest or the postponement of the sentence will be immediately enforceable. The process will be essentially the same when preventive detention in prison has been replaced by house arrest. Another article of the measure that is being examined by the government refers to the relationships of prisoners with family members: to allow compliance with adequate hygienic-sanitary conditions to avoid the risk of spreading COVID-19, in prisons and penal institutions for minors, from May 19, 2020 to June 30, 2020, interviews will be conducted remotely, through, when possible, equipment and connections available to prison and administration of minors or by telephone correspondence, which may be authorized beyond the “generally permitted” limits.
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