La libertà restituita: qualche notazione e qualche proposta

Abstract

Starting from the book "Trial to the Prison," edited by A. Donadio, the author reflects on the stakes of the penal execution phase, which she defines as "restored freedom," and connects it to the important and numerous contributions gathered in that work. The concept, which embraces a broad vision of freedom, combines the re-educational dimension of punishment, understood as the necessary rehabilitation of the convicted person, with respect for their inviolable rights. It refers not simply to the prisoner's physical release, but to a journey toward freedom that also encompasses psychological freedom, understood as autonomy and mental independence, and therefore the ability to make informed and autonomous decisions, as well as moral freedom, which entails dignity and the ability to self-determination without subtle incursions by the authorities. Then, the Author addresses the hot topic of the life imprisonment, in which "restored freedom" is invoked as a new constitutional parameter to overcome the rigid preclusionary mechanism for access to alternative measures provided for by Article 4-bis of the penitentiary rules.