Abstract. The article deals with the reform of the system of enforcement of sentences, with particular attention to the current criticality of the penitentiary. In a first phase, the author dwells on the quantitative data of the imprisonment, which show a new worrying increase in the detained population and a worsening of the problems related to prison overcrowding. In a second, he deals with the issue of daily detention in relation to the current prospects of a prison counter-reform, highlighting the risks involved, both in terms of the protection of the fundamental rights of persons deprived of their personal freedom, and from the perspective of the effectiveness of the system in the exercise of its general and special preventive function.
SUMMARY: 1. Introduction. – 2. The return of the prison. – 3. Daily detention. – 4. The effectiveness of the penitentiary. – 5. Conclusions.
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