Prison sentences of no more than eighteen months can be carried out in places outside the prison with the application of the electronic bracelet.
The draft of the justice package provides for this in the part dedicated to measures to lighten prisons so as to contain the risk of contagion.
The rule does not apply to those convicted of serious crimes, to those who are subjected to a particular surveillance regime and to those who have participated in riots in prisons.
Therefore, those convicted of terrorism, mafia, corruption, exchange vote, sexual violence, mistreatment and stalking are excluded from the law, and those who have already been subjected or will be subjected after the entry into force of the decree to disciplinary disputes for riots, riots and riots .
There is also a ban on the dissolution of the cumulative sentence for crimes associated with the mafia and terrorism.
Removal from the home is punished by way of evasion with prison sentences higher than the sentence to be served (one year in the minimum and three years in the maximum, without considering the cases of aggravated evasion), which makes it unlikely the violation of the home restriction .
"Hearings in civil and criminal proceedings at which the presence of the public is allowed must always be held behind closed doors", foresees the draft
of the justice package being examined by the Council of Ministers.
To cope with the health emergency from Covid 19 "which the smaller the prison population can be managed the more easily within the prisons,
the convicted person admitted to the semi-release regime can be granted licenses with longer duration by the surveillance magistrate 15 days until 31 December 2020
, unless the surveillance magistrate finds serious reasons impeding the granting of the measure ".
The draft of the justice package foresees this in the part dedicated to prisons.
The intervention intends to contribute, in the current emergency situation linked to the epidemiological risk of COVID-19, "to contain the chances of contagion that the semi-liberty regime can increase due to the inmate's innate shuttling between the institution and the outside world ".
The rule does not apply to those convicted of mafia and terrorism offenses.
The envisaged procedure establishes that the measure is applied by the surveillance magistrate as well as at the request of the interested party, on the initiative of the management of the penitentiary institution or of the public prosecutor.
The draft justice package provides for preliminary investigations with remote connections
.
In particular, the offended person and the person being investigated can also be heard in connection with the lawyer who assists them;
while the consultants or experts used by the public prosecutor or the judicial police can also be heard in connection with their office.
The lawyer of the person under investigation can oppose this modality, if the fulfillment of the act requires his presence.
The judge can use the same methods, but only for carrying out the interrogation.
