Il "blocco di costituzionalità" nel sindacato della pena in fase esecutiva

The decision of the Constitutional Court n. 149/2018 will leave its marks on criminal enforcement. It declared illegitimate Article 58-quarter, par. 3, of the penitentiary legislation if applied to life imprisonment offenders. These are the most important statements of the judgement: the prison rules that implement the principles of flexibility and individualisation of the penalty are constitutionally necessary; the penalty must aim first of all at the re-education of the convicted person; the main principle in matters of criminal execution is Article 27, paragraph 3, of the Constitution