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Criminal  Sentences and Alternative  Detention Measures

The Law Firm offers a qualified assistance and advocacy service in the delicate phase of penal execution, paying particular attention to the protection of the inviolable rights of the convicted person and to the full implementation of the principle of re-educational purpose of the sentence, pursuant to art. 27, paragraph 3, of the Constitution.

Criminal Enforcement and Alternative Measures to Detention

The professional activity is realized in the preparation of motivated and technically structured requests, aimed at obtaining alternative measures to detention, regulated by articles 47 et seq. of Law no. 354/1975 (Prison System), among which the following are worth mentioning:
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• Probation to the social service (art. 47 o.p.), also in the particular case reserved for drug addicts in the recovery phase (art. 94 Presidential Decree no. 309/1990), as a suitable measure to allow the social reintegration of the convicted person outside the prison, in a controlled and assisted context;
• Home detention (art. 47-ter o.p.), in its various articulations, including the cases provided for health reasons, for convicted persons with minor children (paragraph 1 letter b), and for situations of particular vulnerability, as well as “humanitarian” home detention pursuant to art. 47-quater o.p.;
• Semi-liberty (art. 48 o.p.), an intermediate measure aimed at promoting the gradual reintegration of the convicted subject into the social fabric, through admission to specific work, training or social utility activities carried out outside the penitentiary institution;

• Community service, as a substitute sanction for a custodial sentence or a fine in cases expressly provided for by law (including Article 54 of Legislative Decree No. 274/2000 for crimes under the jurisdiction of the Justice of the Peace and Articles 186, paragraph 9-bis, and 187, paragraph 8-bis, of the Highway Code).


The Firm also provides technical and defensive assistance in incidental proceedings before the Surveillance Court or the Surveillance Magistrate, in relation to:

• Request for suspension of the execution of a custodial sentence, pursuant to Article 656, paragraph 5, of the Code of Criminal Procedure, in cases where an application for admission to an alternative measure is simultaneously submitted;
• Requests for mandatory or optional deferral of the execution of the sentence, for serious health reasons (art. 147 c.p.) or for pregnancy, maternity or the presence of children within three years (art. 146 c.p.);
• Proceedings for revocation, modification or replacement of alternative measures already granted, due to changes in the personal situation or violations of the obligations imposed;
• Request for conversion of the prison sentence into a substitute sanction (community service or pecuniary penalty), where provided for by the relevant regulatory framework.

The professional activity is developed through a careful analysis of the legal position of the convicted person, the examination of the prison and health documentation, as well as the drafting of defensive documents characterized by the utmost argumentative accuracy and legal coherence, in constant dialogue with the competent Surveillance Offices and with the Department of Penitentiary Administration.

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Legal Aid

Lawyers' Company srl

Headquarters: Via Domenichino 16, Milano.

Secondary locations: Rome, Florence, Frosinone.

P.IVA 10821240966
REA MI – 2560355
Cap. Soc. € 10.000,00 I.V.
PEC legalaidsrl@legalmail.com

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