THE GENESIS OF THE ITALIAN PENITENTIARY SYSTEM

Abstract

The article examines the genesis of the penitentiary system in Italy, which has undergone major changes in the 20th century. It is noted that the Italian prison system was developed during the unification of the country. The system was heterogeneous and based on a combination of the Pennsylvania and Auburn systems. Radical changes in the penitentiary system of Italy took place in the 20th century. They are connected with the application of a new methodology in relation to prisoners, and the introduction of the new Criminal Code in 1931. After the fall of fascism, significant changes were made to the Criminal Code of Italy. With the Constitution of the Italian Republic coming into force in 1948, the death penalty for crimes committed in peacetime was abolished. Subsequently, in 2007, it was also excluded in wartime conditions. In addition, the new prison system offered prisoners to remain in jail as workers after their release. There was another opportunity for prisoners, such as "outdoor work", which meant that prisoners would work during the day and return to the prison in the evening. The first prisons of the kind were established on the island of Sardinia and in the Tuscan archipelago. In 1975, the penitentiary law "Rules on the criminal-executive system and the procedure for implementing measures of deprivation and restriction of liberty" was adopted. It was fully adapted to international conventions and rules. This law is aimed at rehabilitation and humane treatment of prisoners. It is not aimed at imprisonment, but on the contrary, at the re-education of the detainee: telephone calls, meetings with relatives and friends, education and self-development are allowed. Also, in accordance with the Law, correctional institutions are divided into institutions of pre-trial detention, execution of punishments, treatment and correctional institutions, and centers for monitoring criminals. Constantly changing, based on the concept of legal precedent, Italy's prison system has become more ethical towards prisoners.