Prisoners sentenced to life are eligible for parole after having served over 26 years and if they are deemed not to pose a threat to themselves or others (article 176 of criminal code.

Those who are deemed dangerous and mafia members who refuse to collaborate with the justice department, classified as 41-bis, are not eligible for parole. This designation is called the “ergastolo ostativo.” The NGO Antigone deplores the fact that more than 70% of lifers (more than 1,250 prisoners) have no possibility of requesting a change of sentence, unless they cooperate with the justice system.
The Constitutional Court, the highest court in the country, regards “l’ergastolo ostativo” unconstitutional. This provision contravenes Article 27 of the Italian Constitution, which states that “sentences may not consist of treatment contrary to the feelings of humanity and their purpose must be the rehabilitation of the convicted person.” The Court believes that this provision forces prisoners to make “a tragic choice”: stay in prison or be released to face potential retaliation and thus endanger their families. The Court is giving Parliament a year to change the law.