Often, when it comes to serious offenses, people believe that imprisonment is the only possible option. However, there are legal mechanisms that allow those convicted of “impeditive” offenses to request alternative measures to detention. In this article, we will explore what these “impeditive” offenses are, the conditions for requesting such measures, and what to do in the case of multiple convictions.
“Impeditive” Offenses and Preclusions
Article 4 bis of the Penitentiary Order lists a series of serious offenses for which different preclusions regarding the granting of alternative measures to detention or furloughs are provided. However, it is important to note that not all offenses listed in this article automatically prevent the request for alternative measures, as the preclusions may vary depending on the type of offense.
Here are some of the “impeditive” offenses listed in Article 4 bis:
- Offenses committed for purposes of terrorism, including international terrorism, or subversion of the democratic order.
- Mafia-type association, including foreign associations, political-mafia exchange, conspiracy for drug trafficking, possession of significant quantities of narcotics.
- Homicide, aggravated extortion, aggravated robbery, burglary in a dwelling, kidnapping for extortion.
- Embezzlement, extortion, corruption for acts contrary to official duties, corruption in judicial acts, inducing undue promises, corruption of persons in public office.
- Reduction or maintenance in slavery, child prostitution, child pornography, human trafficking, purchase or sale of slaves, group sexual violence, kidnapping for extortion.
Requesting Alternative Measures and Final Considerations
Despite a conviction for “impeditive” offenses, the law provides the possibility to request alternative measures to detention in certain circumstances. Here are some key considerations:
- For organized crime offenses: Alternative measures can be granted if the convicted person no longer has ties to organized crime and has collaborated with the authorities or assisted in gathering relevant evidence.
- For offenses against Public Administration: Collaboration with the authorities or assistance in identifying other culprits or recovering illicitly obtained assets may allow for the granting of alternative measures.
- For sexual offenses: For some offenses, such as sexual violence, it is necessary to undergo a scientific personality assessment within the prison for at least one year, demonstrating good results afterward to request alternative measures.
In the case of multiple convictions, it is important to request the dissolution of the cumulative sentences to separate the sentences related to “impeditive” offenses from those related to other offenses. Even in the case of a conviction for an attempted offense among those listed in Article 4 bis, the preclusions do not apply.
In conclusion, the request for alternative measures to detention is a complex process that requires legal expertise. Even in the case of serious convictions, the law offers alternative paths to prison detention. Consulting with a lawyer experienced in “impeditive” offenses is essential to successfully navigate this legal process and obtain penitentiary benefits that allow for effective social reintegration.