La detenzione domiciliare “umanitaria” per i condannati presuntivamente pericolosi: il percorso giurisprudenziale di riallineamento ai principi di eguaglianza e di rieducazione

Among the various alternative measures to detention envisaged in the penitentiary system, home detention remains the one most markedly oriented towards protecting convicts suffering from a condition of vulnerability. However, the presence of numerous foreclosures based both on convictions for crimes envisaged by art. 4-bis and on the application of the aggravating circumstance of recidivism, risks compromising the humanitarian needs underlying the measure in question. The numerous interventions of the Constitutional Court have partially remedied these critical issues for certain subjective categories (above all, those in which there is a need to ensure a pre-eminent protection to minors, where directly or indirectly affected by the effects of the prison sentence), often invoking the dutiful respect of constitutional principles of equality and re-education of convicted persons. However, numerous foreclosures still remain in force on which a reform intervention by the legislator or a review of reasonableness by the Constitutional Court would be desirable