The first decision on the constitutional illegitimacy of the new legislation for convicted minors
Abstract. Here we analyze judgment n. 263 of 2019, with which the Constitutional Court intervened, for the first time, on the new juvenile penitentiary system, declaring the constitutional illegitimacy of the provision which automatically deny access to “community criminal measures” and other benefits to those who have been convicted of specific and serious criminal offences as juveniles (so-called crimes “without parole”), thus allowing the supervisory court to provide an individualized assessment for juvenile offenders, without the type of offense being of any relevance.
SUMMARY: 1. The new juvenile penitentiary system and the primacy of community criminal measures. – 2. The foreclosure of extra moenia treatment of those convicted of certain crimes and the complaints raised by the referring judge. – 3. The reasons for the decision on the constitutional illegitimacy of the challenged rule. – 4. Final considerations.
To read the Reflection, click on “open file”.
To download the judgement by Constitutional Court, December 6, 2019, n. 263, in comment, click here.