Credits to
Pietro Pellegrini

The waiting list for the execution of detention security measures: analysis and possible solutions

Issue 3/2021

Abstract. The application of laws n. 9/2012 and n. 81/2014 led to the closure of the Judicial Psychiatric Hospitals, replaced by the welfare system, which includes the Mental Health Departments within which the Residences for the Execution of Security Measures (REMS) operate. A very significant change that modified places, paths and the very concept of the security measure that requires new practices and a different and more advanced meeting point between justice and psychiatry. This also in the solution of problems, such as the waiting list for the execution of detention security measures, which cannot be addressed without a precise definition of its entity but above all without an accurate analysis of its determination and of appropriateness of security measures. This with particular reference to the provisional ones, rethinking on the functioning of REMS and of the entire system. The analysis of the waiting lists makes it possible to evaluate the extent of the problem in the various regions and allows to indicate possible operational solutions in the logic of ensuring the right to health regardless of the legal status of the person and waiting for the legislator to give coherence to the law, addressing the issue of imputability and security measures.

SUMMARY: 1. Introduction. – 2. Waiting list for the execution of detention security measures. – 3. Data from waiting lists. – 4. Proposals to reduce the length of waiting lists. – 5. Conclusions.


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