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Italy: Requirement to Complete Two-Thirds of Sentence to Obtain Early Release for Certain Kidnapping Crimes Ruled Unconstitutional

(Dec. 16, 2019) On November 8, 2019, the Italian Constitutional Court declared unconstitutional a provision of Law No. 354 of July 26, 1975 (article 58-quater, paragraph 4) requiring that persons convicted of kidnapping for the purposes of robbery, extortion, terrorism, or subversion, during the perpetration of which the victim died, be ineligible for early release […]

Italy: Legal Provision Not Allowing Home Detention Ruled Unconstitutional

(May 16, 2019) On April 19, 2019, the Italian Constitutional Court declared unconstitutional article 47-ter, paragraph 1-ter of Law No. 354 of July 26, 1975, because it failed to provide for humanitarian home detention for convicted prisoners experiencing supervening serious mental illnesses. (Decision No. 99 of April 19, 2019, Issued in a Constitutional Legitimacy Case […]

Italy: Constitutional Court Issues Decision on Illicit Trafficking and Possession of Drugs or Psychotropic Substances

(Apr. 15, 2019) On March 13, 2019, the Italian Constitutional Court issued a decision on the production, trafficking, and illicit possession of narcotic and psychotropic substances, declaring part of article 73(1) of Presidential Decree No. 309 of 1990 (D.P.R. No. 309) unconstitutional in that it set the minimum sentence for such crimes at eight years of […]

Italy: Measures for Simplification of Companies and Public Administration Take Effect

(Feb. 5, 2019) On December 12, 2018, new measures to simplify public administration and promote the economy entered into force in Italy. (Decree-Law No. 135 of December 14, 2018, Urgent Provisions on Supporting and Simplifying Companies and Public Administration) (D.L. No. 135), GAZZETTA UFFICIALE (G.U.), Dec. 14, 2018, G.U. website (in Italian).) Support for Small […]

Israel: Amendment Law Passed Allowing Early Release to Accommodate Prison Living-Space Requirements

(Dec. 12, 2018) On November 5, 2018, the Knesset (Israel’s Parliament) passed the Prisons Ordinance (Amendment No. 54 Temporary Provision) Law, 5779-2018 (Amendment Law) (SEFER HAHUKIM [SH] [BOOK OF LAWS] (official gazette) 5779 No. 2755 p. 44, Ministry of Justice website (in Hebrew; click on issue no. 2755). The Amendment Law is designed to enable […]

Italy: Right to Strike in Essential Public Services

(Oct. 2, 2018) On July 27, 2018, the Italian Constitutional Court issued a decision incidentally on the constitutional legitimacy of the right to strike by certain government employees (in this case, public defenders) providing essential public services. (Decision No. 180 of July 27, 2018, Issued in a Constitutional Legitimacy Case by Incidental Procedure (the Decision), […]

Italy: Constitutional Court Rules on Constitutionality of Prison Benefits Provisions

(Sept. 17, 2018) On July 11, 2018, the Italian Constitutional Court issued a decision on the constitutional legitimacy of article 58-quater of Law No. 354 of 1975 regarding prison benefits for persons sentenced to life imprisonment for certain crimes. (Decision No. 149 of July 11, 2018, Issued in a Constitutional Legitimacy Case by Incidental Procedure […]

Egypt: British Woman Sentenced for Carrying Painkillers

(Apr. 2, 2018) On December 26, 2017, the Criminal Court of Safaga, a town on the coast of the Red Sea, sentenced a British woman to three years in prison and fined her 100,000 Egyptian pounds (EGP) (about US$5,611) for the possession of the narcotic painkiller Tramadol. (Magdy Samaan & James Masters, British Tourist Gets […]

Israel: Increase in Prisoners’ Living Space Mandated

(June 30, 2017) On June 13, 2017, Israel’s Supreme Court, sitting as a High Court of Justice, accepted petitions submitted by several associations and ordered the state to increase the personal living space allotted to every prisoner in the country within the next nine months to a minimum of three square meters (SM; approx. 32.3 […]