Abstract. The complaint against the measure applying a prison disciplinary sanction is one of the highest expressions of the protection provided for the detainee or internee. This contribution aims to analyze the most critical aspects of current legislation relating to the recent introduction, in this specific area, of the controversial category of merit. In particular, attention will be paid to the decision-making methods that the judge can use in the context of the review extended to the merit, and to the choice of the legislator to limit such control just to the two more serious sanctions previewed from art. 39 o.p.
This article was submitted for evaluation by two expert reviewers, with a positive outcome.
SUMMARY: 1. Introduction. – 2. Syndicatability of the Supervisory Magistrate between merit and legitimacy. – 2.1. Activities of intellectual scrutiny. – 2.2. The choice of type and entity of the sanction. – 2.3. Emerging administrative perspectives. – 3. Unconstitutionality profiles of art. 69, co. 6, lett. a) o.p. – 4. In conclusion.
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