Coronavirus, Surveillance magistrate of Spoleto raises an exception of constitutionality on the decree against the release of the bosses

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After the release of some bosses due to the health emergency caused by the Sars Cov 2 epidemic, the Minister of Justice, Alfonso Bonafede, had approved a decree that provides, after a review of the case, the return to prison of the detained bosses. The rule, which came after bipartisan controversies on release and in conjunction with criticisms of the leadership of the Department of Prison Administration, ends before the Constitutional Court. A court judge from Spoleto, who as reported by Adkronos, raised a question of constitutional legitimacy.

For the magistrate, Fabio Gianfilippi, the issue of constitutional legitimacy of article 2 of the legislative decree is “relevant and not manifestly unfounded” May 10, 2020, No. 29, in the part in which it provides that it will proceed to revaluation of the provision for admission to home detention or postponement of the sentence for reasons related to the health emergency from Covid-19 “. The judge also ordered the transmission of the documents to the Prime Minister Giuseppe Conte and to the presidents of the two Chambers. In the 19 pages of the order, the Spoleto surveillance judge, dealing with the case of a prisoner, sentenced to 5 years in prison who ended up at home, notes that the man was subjected to a organ transplantation “With the need – reads the provision – to continue treatment with immunosuppressant and anti-Hbv immunoglobulins”. The detainee was deemed at risk for coronavirus and later the request of the released lawyer and sent to the house arrest. But after the Bonafede rule, his affair returned to the surveillance magistrate for the revocation of the house arrest and the return to prison.

The decree law of Bonafede aims to return to prison the 376 mafiosi released in recent weeks. All detainees at 41 bis and in the High Security regimes that had obtained house arrest thanks to the Covid emergency. A rule that in practice requires the Supervisory Judges to reevaluate in 15 days if the reasons related to the health emergency still exist. It is based on the risk of contagion if the judges have allowed mafia, alleged bosses, killers and drug dealers home arrests. The decree also provides that the evaluation of the surveillance magistrate will be made “immediately”, even before 15 days, in the event that the Dap – which is now led by Dino Petralia and Roberto Tartaglia – – communicates the availability of penitentiary structures or protected medicine wards appropriate to the prisoner’s health conditions. In recent days there has also been a controversy raised by the surveillance magistrates. Their coordination had denounced “the systematic delegitimization campaign” to which they were subjected: “It is the Constitution that requires any detainee, even the most dangerous, to be guaranteed a detention that is never contrary to the sense of humanity”.

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