Criminal Law Observatory · – 13 July 2026
The Trento giudice dell’esecuzione (enforcement judge) has raised a question of constitutionality concerning art. 165(5) of the Criminal Code, read in conjunction with art. 6(2) of Law no. 69 of 2019, which places the costs of the recovery programmes on the convicted person. For the offences listed in the provision (including ill-treatment of family members and cohabitants, sexual violence, stalking, attempted murder and certain aggravated forms of personal injury), a suspended sentence is always conditional on participation in such programmes and on their successful completion. The doubt concerns the convicted person who is indigent and unable to bear their cost. The constitutional provisions invoked include, among others, arts. 3 and 27 of the Constitution.
The question touches the balance between the re-educational purpose of punishment and the principle of equality: making suspended sentences conditional on economically inaccessible programmes risks turning a reintegration tool into wealth-based discrimination.
Update as of 25 September 2026: the question is still pending before the Constitutional Court.
Summary note by Studio Legale Petrali, based on specialised legal sources (Giurisprudenza Penale Web, ISSN 2499-846X). This text does not reproduce the original contribution and does not constitute legal advice.