![pi_fp_italiefr.png](/assets/f1440x800-q70/8e609f28/pi_fp_italiefr.png)
Italy
Capital city — Rome
Country population
i2021Incarceration rate (per 100,000 inhabit…
93The NPM report st…
i2022Type of government
Human Development Index
0.895(30/191)
iHomicide rate (per 100,000 inhabitants)
Name of authority in charge of the pris…
Total number of prisoners
56,127This number does…
i31/05/2023/ ministry of Justice, Detenuti presentiAverage length of imprisonment (in mont…
i2020/ Council of Europe, SPACE I – 2021 Report, p. 124.Prison density
i30/01/2023/ ministry of Justice, Detenuti italiani e stranieri presenti e capienze per istituto (in italian).Total number of prison facilities
i31/01/2020An NPM has been established
Female prisoners
i31/01/2023/ ministry of Justice, Detenuti presenti (in Italian).Incarcerated minors
i15/01/2023/ Ministry of Justice Minorenni e giovani adulti in carico ai Servizi minorili (in Italian).Percentage of untried prisoners
27.5 %This number does…
i31/01/2023/ ministry of Justice, Detenuti presenti (in Italian).Death penalty is abolished
yes, since 1994The death penalty…
Special populations
Women
Female prisoners
Variation in the number of female prisoners
decrease
The number of female prisoners decreases by 11.2% between December 2019 (2 663)1 and December 2022 (2 365).
ministry of Justice, Detenuti presenti (in Italian). ↩
Percentage of untried female prisoners
28.25 %
Percentage of foreign female prisoners
32.28 %
Women are housed in gender-specific sections of facilities that house both men and women or in the country’s four correctional facilities for women:
- two jails: Pozzuoli (Naples) and Rebibbia Femminile (Rome)
- two prisons: Venezia Giudecca and Trani.
There is an effective separation between men and women
Untried female prisoners are separated from the convicted
The prison staff is
exclusively female
Hygiene conditions are often deemed unsatisfactory and essential products are not guaranteed (e.g. tampons, OB/GYN care, etc.)
Work opportunities available to women are consistently less diverse and numerous than those available to men.
Conjugal visits are allowed for women
no
The law does not mention conjugual visits.
Pregnant women are housed in specific units or cells
no
The law does not require that pregnant women are placed in specific cells. Decisions are made on a case-by-case basis.
The legislation provides for a sentence adjustment for pregnant women or women with young children
Pregnant women could benefit from alternative forms of incarceration, particularly house arrest. The conditions to qualify for a sentence adjustment are:
- having children less than ten years old
- having served one third of their sentence, or 15 years in the case of a life sentence.
Certain measures can be taken for women several months into their pregnancy, such as a temporary reprieve or a transfer to a hospital.
Pregnant women receive proper prenatal care
Childbirth takes place in
external care facility
Mothers are allowed to keep their children with them
yes, until three years of age
Specific wings are designated for women with children — the Attenuated Custody Institutions for Detained Mothers (Istituti a custodia attenuata per detenute madri, ICAM). They have larger cells and are organised in a semi-open regime . Oftentimes, a childcare centre allows women to work during the day.
In ICAM, the prison administration distributes supplementary provisions (food, personal hygiene products…), and further authorises cell decoration and provides social workers and psychologists.
Minors
The law bans the imprisonment of minors
Minimum age of imprisonment for minors
14 years
A decree-law making it easier to imprison minors as young as 14 was officially published on 7 September 2023. Prior to this, temporary custody for 14-year-olds was limited to crimes with a minimum sentencing of nine years, essentially restricting prison to murder cases. The Caviano law lowers this threshold to six years, thereby expanding the scope of crimes for which minors can be incarcerated.
Incarcerated minors
Variation in the number of incarcerated minors
increase
The number of incarcerated minors increases by 21,4 % between January 2020 (159)1 and January 2023 (193).
ministry of Justice, Minorenni e giovani adulti in carico ai Servizi minorili (in Italian). ↩
Ministry in charge of incarcerated minors
Ministry of Justice
Juvenile Justice Department (Dipartimento per la giustizia minorile)
Minors are subject to a specific justice system. Their cases are evaluated in closed proceedings by the juvenile tribunal (tribunali per i minorenni) and by the juvenile appellate court (corte d’appello per i minorenni).
Specific sentences or rulings are reserved for minors, such as probation or an alternative sentence served in a home or a community centre. (comunità).
The 637 community centres (comunità) play an important role in the juvenile justice system. They assist over 1,500 young people with reintegration.
Convicted minors serve their sentences in specific correctional facilities (referred to as istuti penali per i minorenni, IPM). The country has 17 of these facilities.
Untried minors generally pass through processing centres (centri di prima accoglienza, CPA). These facilities also carry out other social functions. These minors are not counted in carceral statistics.
Figures on minors in prison are published
every month
Minors in prison are separated from adults
yes
The law provides for single cell accommodation for minors
in some cases
Single cell accommodation is not considered to be a priority. Whether or not to place a minor alone in a cell is up to prison staff. The decision is generally based on practical considerations or special needs of the child.
The schooling of minors is compulsory
Primary and secondary programmes are available.
The law prohibits strip searches for minors
The law forbids solitary confinement for minors
Solitary confinement is used as a disciplinary measure against minors.
The majority of juvenile detention centres (JDC) are in city centres or suburban neighbourhoods. The only exception is the Nisida juvenile facility, located on an islet 40 minutes from Naples by car and inaccessible by public transport. The Turin JDC is the newest, unveiled in 2013. The JDCs in Bologna, Florence and Palermo were built into historic buildings.
Only two facilities, those in Nisida and Rome, are not single-sex. Establishment capacity can vary drastically. The facilities in Caltanissetta and Pontremoli can hold 12 people. The JDCs in Nisida and Rome, however, can host as many as 50 minors. The Treviso JDC is part of a larger facility where adults are also incarcerated.
Outdoor spaces, sports fields, and vegetable gardens are often available, as is the case in Rome and Nisida. In Cagliari, minors can meet with loved ones in gazebos in the courtyard of the establishment. An outdoor pool is available during the summer months in Milan.
The majority of cells have two to four beds; their size varies by establishment. Occupants are generally free to decorate them. Adjoining sanitary sections with toilets and showers are always nearby. But, in Treviso, showers are installed above toilets without toilet bowls. Religious services take place at a catholic church.
The kitchen is often adapted to accommodate vocational education. All JDCs have multipurpose rooms, libraries, classrooms, workshops and, sometimes, game rooms. Visiting rooms are always shared.
JDCs offer numerous activities, such as cultural and religious mediation, plastic arts workshops, carpentry and various sports. The array of activities offered to minors is generally more diverse than what is offered to adults.
The rapper Kento has been leading writing workshops for rap and poetry in juvenile correctional facilities and community centres for over ten years. He also directs Keep it Trill, a series on Italian juvenile facilities filmed inside the Casal del Marmo prison in Rome.
Foreign prisoners
Number and percentage of foreign prisoners
Variation in the number of foreign prisoners
decrease
The number of foreign prisoners decreases by 10,9 % between January 2020 (19 841)1 and January 2023 (17 687).
ministry of Justice, Detenuti presenti stranieri per area geografica ↩
The most represented nationalities are Moroccan, Romanian, Albanian, Tunisian and Nigerian.
Foreign prisoners are informed of their right to communicate with their consular representatives
The prison regulations are translated for foreign prisoners
yes
Foreign prisoners can be assisted by an interpreter
in some cases
Article 42-bis of penitentiary law protects the right to an interpreter in cases of transfer or disciplinary action. However, the prison staff only have a few interpreters and private market interpreters are often limited by budget constraints.
Approximately 21% of the institutions visited by the NGO Antigone in 2021 have a “language and cultural mediation service”.
Foreign prisoners are entitled to legal aid
Foreigners must meet certain criteria to qualify for legal aid. Their annual income must not exceed €1,493.82. For non-EU citizens, a consulate must verify that their worldwide income is low enough. The consular certificate must be submitted within 20 days of the request being filed. 1.
Ministry of Justice, state-sponsored legal aid (Patrocinio a spese dello Stato nei giudizi penali), 2018 ↩
An undocumented resident cannot be sentenced to prison. However, they can be placed under administrative detention.
Foreign prisoners are allowed to remain in the country after having served their sentence
under certain circumstances
People in ordinary situations, where deportation was not stipulated at their sentencing, may remain in the country upon their release.
Foreign prisoners are allowed to work while incarcerated
Foreign prisoners may call their home countries, so long as they communicate the recipient’s number to the prison administration.
The amount of time allotted for a visit can be extended if the visitor came from abroad. These decisions are made by the penitentiary administration.
Long-term prisoners
A long-term sentence is considered as such as of
five years
Cumulative sentences have a limit
There are specific prison facilities for long-term prisoners
Those sentenced to five years or more serve their time in one of 46 prisons (case di reclusione).
Prisoners sentenced to long sentences generally have an easier time getting work authorisation.
Article 14-bis of penitentiary regulation authorises special surveillance of certain offenders in light of their personality or personal history. They are then kept away from other prisoners and certain activities.
Life sentences are banned
Article 22 of penal code defines the terms of a life sentence (ergastolo).
People serving a life sentence
Variation in the number of people serving a life sentence
no evolution
The number of people serving a life sentence does not show any significant evolution. It was of 1 8021 in December 2019.
National guarantor of the rights of persons detained or deprived of their liberty, Report to Parliament 2022 - Maps and data, p. 37 (in Italian). ↩
Life sentences are generally reserved for cases involving homicide or terrorism. But mafia-linked offenders are also sentenced to life with some regularity.
The majority of prisoners serving life are in Lombardy, in Sardinia and in Abruzzo. People involved in the mafia are incarcerated far from their homes.
There are specific prison facilities for life-sentenced prisoners
Prisoners serving life sentences are placed in dedicated blocs within prisons (case di reclusione).
People sentenced to life can be subject to a stricter prison regime, according to the provisions of article 72 of criminal code. A person sentenced to life serves at least the first years of their sentence in isolation under the provisions of this article.
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.
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Marcello dell’Anna has spent the better part of his life in prison. He was sentenced to life ergastolo ostativo at the age of 23, when he was a boss of the Sacra Corona Unita (an Italian mafia based in Puglia).
Read his written correspondence with Swiss journalist Laurence Bolomey.
Untried prisoners
Percentage of untried prisoners
This number does not include those in institutions for minors.
Variation in the number of untried prisoners
decrease
The number of untried prisoners decreases by 18,16 % between January 2020 (18 872)1 and January 2023 (15 444).
ministry of Justice, Detenuti presenti (in Italian). ↩
Untried prisoners are separated from the convicted
Prison administration is tasked with placing untried prisoners in dedicated blocs within detention facilities. In practice, untried detainees and convicted inmates often are not separated.
The law provides for release on bail for untried prisoners
Pre-trial detention and its maximum duration are defined by articles 285 and 303 penal procedure code. It is prohibited by law for criminal infractions to be punishable by less than five years imprisonment, with the exception of certain white collar crimes. Pre-trial detention cannot exceed two years for offences punishable by six years imprisonment, four years for crimes punishable by up to 20 years, and six years for crimes with sentences longer than 20 years.1
Antigone : The practice of pre-trial detention in Italy : research report), 2015. ↩
The law allows prisoners to appeal against pre-trial detention. The defendant can appeal the decision at any time.
People placed in pre-trial detention don’t have access to work opportunities. Their phone communications and visitations are also submitted to the judicial authorities.
Minorities or indigenous people
Data collection about prisoners’ minority or indigenous background is allowed
Prison administration does not keep a record of socio-ethnic classifications. Since 2016, information on religious affiliation is not collected either.
Italian nationals of Sinti, Romani and other nomadic backgrounds are in numerous facilities. Many foreign prisoners and detainees are of Balkan or North African descent and are present, and thus could also be members of socio-ethnic (Romani) or religious (Muslim and Orthodox Christian) minorities.
Minority or indigenous backgrounds are criteria for specific cell or unit assignment
in certain cases
Cell assignments are sometimes made on socio-ethnic or religious bases, at the discretion of staff.
The specific needs of prisoners are taken into account with regard to
language, religion and dietary restrictions
LGBTQI+ people
The prosecution or imprisonment of a person on the grounds of their sexual orientation or gender identity is banned
LGBTQI+ persons are separated from other prisoners
in most cases
LGBT persons are generally placed in isolation or in blocs dedicated to targets of prison violence (rapists, child murderers, former law enforcement officers…)
Prison administration encourages transgender people to keep their gender identity quiet. Isolation is the only protection offered to them.
Assignment of transgender prisoners to a specific facility depends on
their ID gender
The CPT noted that transgender women are housed in units for men, where their specific needs are not taken into account.
Transgender prisoners are entitled to customised searches
Transgender prisoners benefit from specific health care
no
No specific provision exists for medical care of transgender people in prison. They can, however, continue to receive hormonal treatments that were started before their incarceration.
Conjugal visits are allowed for LGBTQI+ prisoners
no
the law does not mention conjugal visits
Elderly prisoners
The prison service keeps a record of elderly prisoners
The administration compiles half-yearly statistics of the prison population by age group.
Number and percentage of elderly prisoners
The number of elderly prisoners increases by 8,4 % between 2021 (4 165)1 and 2022.
Healthcare professionals in prisons are rarely equipped to respond to geriatric medical needs. Prison facilities do not have premises and staff dedicated to geriatric care. Sometimes, they employ younger inmates, as is the case at Bollate prison in Milan 1.
Maurizio Torchio, “Nelle carcere di Bollate, tra i detenuti più anziani”, Minima & Moralia, 7 June 2017. ↩
Prisoners over 70 years of age may request a sentence commutation due to their age (Article 47-ter of penitentiary regulation). Unrepentant mafia members cannot seek such a commutation.
Many elderly people dread being released from prison. Most of them have lost familial support and do not have homes. The care they received in prison is generally not followed up on release.1.
Claudia Osmetti, “I carcerati anziani che non vogliono uscire di prigione”, Ristretti Orizzonti, 18 January 2020. ↩
Persons with disabilities
The prison service keeps a record of prisoners with disabilities
As of 2015, the number of prisoners with physical or motor impairments was 628. Less than half of them are placed in accessible cells.
Prison facilities are adapted to the needs of prisoners with disabilities
some facilities
Two facilities, the casa circondariale in Bari and the casa di reclusione in Parma, are specifically designed for handicapped prisoners; they have the necessary equipment and staff.
The Antigone Association outlined “An absolute inability of Italian prisons to accommodate disabled people”. It found that only 30% of prisons visited in 2017 have handicap accessible spaces. The number of accessible cells is insufficient and disabled people must rely on the kindness of fellow prisoners or staff.
Prison administrations provide disability training for prison police officers. Good Samaritan fellow prisoners, called piantoni, usually help prisoners with disabilities on a daily basis.
Death penalty is abolished
yes, since 1994
The death penalty was abolished in 1889, before being reinstated in 1926 by the fascist regime. It was abolished again in 1947 in peacetime common law. In 1994, it was abolished from wartime marital law. Mention of the death penalty disappeared from the Constitution in 2007..