LA PERICOLOSITÀ SOCIALE E IL CANTIERE DELLE RIFORME PENALI

Abstract

The social dangerousness and the yard of the penal reforms

The discipline of the security measures and of the social dangerousness in the Italian penal system has been characterized by many rulings and legislative actions, which have ultimately led to the closing process of the Italian psychiatric hospitals (Laws Nos. 9/2012 and 81/2014). It is under discussion in the Parliament a draft law on the reform of the security measures which, however, has, on one hand, strongly conservative elements of the existing rules, and which dictates, on the other hand, principles and guidelines still too general for the legislator. Rather than putting hand to the reform of the security measures separated from that of the overall system of sanctions, it would be appropriate that both the Parliament and the Government gave effective implementation to the replacement of OPG with REMS, as the project – in the absence of adequate supports in terms of facilities and staff – runs the risk of being reduced to a reform on paper.