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[Treatment of unconvicted prisoners. Variations on a theme]
Rassegna Penitenziaria E Criminologica
|July 1, 1981
Summary
Preventive custody is wrongly treated as punishment, negatively impacting accused individuals. Prison staff must improve treatment for those awaiting sentencing, aligning with penal reform goals.
Area of Science:
- Criminology
- Penal Law
- Sociology of Law
Context:
- Judicial practices increasingly assign punitive characteristics to preventive custody.
- Legislative reforms, like the 1975 bill, aim to privilege sentenced individuals over the accused.
- Current practices often fail to provide meaningful advantages for accused persons.
Purpose:
- To analyze the misapplication of preventive custody as pre-punishment.
- To highlight the detrimental effects on individuals awaiting trial.
- To advocate for improved treatment and socialization within penal institutions for the accused.
Summary:
- The judiciary is misinterpreting preventive custody as advance punishment, contrary to legal intent.
- This misinterpretation, exacerbated by reform tendencies, disadvantages accused individuals and intensifies their suffering.
- There is a critical need for prison personnel to provide better care for those not yet sentenced.
Impact:
- Enhancing the treatment of accused individuals can lead to more effective socialization.
- Aligning prison practices with reform goals can shift focus from pure punishment to rehabilitation.
- This approach can help reintegrate penal institutions into broader social policies.