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


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”.

Coronavirus memorial

Support never like now
we need you.

In these weeks of pandemic we journalists, if we do our job with conscience,
                        we do a public service. This is also why we are proud every day here at
                        to offer hundreds of new content for free to all citizens: news, exclusive insights,
                        expert interviews, surveys, videos and much more. All this work, however, has a great economic cost.
                        Advertising, in a time when the economy is stagnant, offers limited revenues.
                        Not in line with the access boom. This is why I ask those who read these lines to support us.
                        To give us a minimum contribution, equal to the price of a cappuccino per week,
                        fundamental for our work.
Become a supporting user by clicking here.

Peter Gomez

But now we are the ones who need you.
                        Because our work has a cost.
                        We are proud to be able to offer hundreds of new content every day for free to all citizens.
                        But advertising, in a time when the economy is stagnant, offers limited revenues.
                        Not in line with the boom in access to
                        This is why I ask you to support us, with a minimum contribution, equal to the price of a cappuccino per week.
                        A small but fundamental sum for our work. Help us out!
Become a supporting user!

With gratitude
Peter Gomez

Support now

Available payments

Previous article

Corporal on the riders, Uber Italy police station. Court of Milan: “Illicit intermediation and exploitation of work”


Next article

Palamara case, the bad image offered to citizens can cost the judiciary dear


Source link


Please enter your comment!
Please enter your name here