Italy
Capital city — Rome
Country population
i01/01/2023/ Council of Europe, SPACE I Report 2023, table 3.Incarceration rate (per 100,000 inhabit…
i30/04/2024Type 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
i30/04/2024Average length of imprisonment (in mont…
i2022/ Council of Europe, SPACE I Report 2023, table 31.Prison density
i30/04/2024Total number of prison facilities
i31/01/2020An NPM has been established
Female prisoners
4.3 %This figure does…
i30/04/2024Incarcerated minors
i15/01/2023/ Ministry of Justice Minorenni e giovani adulti in carico ai Servizi minorili (in Italian).Percentage of untried prisoners
i30/04/2024Death penalty is abolished
yes, since 1994The death penalty…
Overview
Prison population
Incarceration rate (per 100,000 inhabitants)
105
The authorities publish official statistics on prison population
monthly
Monthly, biannual and annual statistics on the prison population are available on the Ministry of Justice’s website.
The prison service has a computerised record keeping system
Total number of prisoners
61,297
Variation in the number of prisoners
increase
The prison population increased by 9.21% between January 2023 (56,127)1 and April 2024 (61,297).
Council of Europe, SPACE I Report 2023, table 3. ↩
Number of people serving non-custodial sentences
123,611
Variation in the number of people serving non-custodial sentences
increase
The number of persons serving non-custodial sentences increased by 20.74% between 2022 (102,382)1 and 2023 (123,611).
Council of Europe, SPACE II Report 2022, table 9. ↩
Variation in the incarceration rate
increase
The incarceration rate increased by 10.06% between January 2023 (95.4)1 and April 2024 (105).
Council of Europe, SPACE I Report 2023, table 3. ↩
Number of admissions
38,125
Number of releases
39,197
Average length of imprisonment (in months)
17
Variation in the average length of imprisonment
decrease
The average length of imprisonment decreased by 5.56% between 2021 (18)1 and 2022 (17).
Council of Europe, SPACE I Report 2022, table 31. ↩
Prison density
119.8 %
Variation in the prison density
increase
The occupancy rate increased by 9.71% between January 2023 (109.2)1 and April 2024 (119.8).
Council of Europe, SPACE I Report 2023, table 16. ↩
-
Occupancy rates continue to rise. As of 31 March 2024, 61,049 people were in prison despite an official capacity of 51,178 spaces. This is the result of several factors: longer sentences, less inclination to grant non-custodial measures or early release measures, the introduction of new offences and the intensification of drug control, especially where minors are concerned.
Overcrowding is an issue for specific types of prison facilities
yes
Some correctional facilities (Como, Taranto, Larino) have an occupancy rate of almost 200%.
A statistical report from the Ministry of Justice in 2022 highlighted overpopulation in prisons in Sardinia.
The country has been condemned by an international court for its prison overcrowding
yes
The European Court of Human Rights (ECHR) has condemned Italy on several occasions over the past few years for the overcrowding of its prisons:
- Sulejmanovic vs. Italy (2009) case: the ECHR concluded that there had been a violation of Article 3 (prohibition of torture) of the European Convention on Human Rights, concerning the lack of space in cells. The government granted special powers to local prison services and ordered the construction of 18 new prisons.
- Torreggiani et al. vs. Italy (2013) case: the ECHR condemned the country for prison overcrowding and inhuman living conditions. The Court made a pilot judgment urging Italy to implement reforms to reduce prison overcrowding.
A supervisory body has issued a decision on prison overcrowding
In 2019, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) visited Italian prisons and highlighted the overcrowding in most of them.1
In 2023, the National Guarantor of the Rights of Persons Detained or Deprived of Liberty visited the Lombardy region. He inspected eight correctional facilities, including Milan’s juvenile detention facility. He observed that these facilities are overpopulated, lack various resources (management, allocation of personnel for various positions) and do not communicate enough with local health facilities. The juvenile facility is still awaiting renovation work.
On 20 December 2023, the Florence surveillance court (Ufficio di sorveglianza) ordered the release of a prisoner from the Sollicciano prison due to inhuman treatment. The decision was based on legal precedents from the European Court of Human Rights and the Supreme Court concerning the calculation of space per person in a cell and on imprisonment conditions. It found that Article 3 of the ECHR, relating to inhuman and degrading treatment, had been violated. The judgement once again shed light on the rate of overpopulation in Italian prisons and the poor imprisonment conditions. Following this decision, other solicitors have announced appeals on behalf of prisoners living in similar situations.
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), “Report to the Italian Governement on the visit carried out from 12 to 22 March 2019”, p. 8. ↩
Organisation
Name of authority in charge of the prison service
Ministry of Justice
Budget of the prison service
Percentage of the ministerial budget allocated to the prison service
34.8 %
The prison service outsources the management of the facilities to private companies, either partially or fully
yes, partially
The prison service entrusts companies with the day-to-day management of certain facilities (food, commissary, work) through public-private partnerships. This type of partnership is established when constructing new facilities (Vito al Tagliamento, Bolzano) or when renovating old ones (San Vittore, Poggioreale).
The Department of Penitentiary Administration has 11 regional authorities (provveditorati regionali), responsible for applying the guidelines established in Rome on a regional level.
The regularly revisited law of 26 July 1975 n° 354 details the procedure for the prison service. This law acts as prison rules.
There are several different prison regimes:
- The semi-open regime: under which the majority of prisoners have been placed since 2013. The cell doors stay open for between eight and fourteen hours per day, depending on the facility. The administration implements dynamic security, allowing greater autonomy for the prisoners.
- The alta sicurezza (AS) regime: a closed, high security regime, based on Articles 4-bis and 14-bis. It is broken down into three categories, depending on the type of criminal offence: AS1 (organised crime), AS2 (terrorism) and AS3 (drug trafficking). They are kept away from the rest of the prison population.
- The 41-bis regime: a special prison regime for prisoners charged with acts of terrorism, organised or mafia crime. This stricter high security system was specially designed to break all ties between the prisoners and fellow inmates who may be involved in the same criminal cases. Prisoners under the 41-bis regime are placed under constant surveillance in units reserved for solitary confinement. Time outside of the cell is limited to one hour. The possession of personal belongings is subject to prior authorisation from the administration. All communications with the outside are tightly monitored.1 In February 2023, nearly 750 prisoners around the country are placed under this regime.
Antigone, Fifteenth report on detention conditions, 2019 (in Italian). ↩
Prison facilities
The Italian prison system has several different categories of facilities:
- the case circondariali (CC), detention centres for defendants on remand and convicts with sentences of less than 5 years
- the case di reclusione (CR), for prisoners serving long-term sentences
- the Istituti penali per i minorenni (IPM), for minors.
There are special facilities and units for female prisoners. Some called Istituto a custodia attenuata per detenute madri (ICAM) (open prisons for incarcerated mothers) allow women to keep their children with them.
Over the course of their imprisonment, prisoners’ sentences may be turned into a placement in a casa de lavoro (work house) or in a colonie penale (penal farm).
The Residenze per l’esecuzione delle misure di sicurezza (REMS) (Residences for the execution of security measures) are reserved for those deemed not responsible for their own actions or serving a security measure at the end of their sentence. These facilities have replaced the judicial hospitals (Ospedali psichiatrici giudiziari, OPG) since 2016.
Total number of prison facilities
206
Total official capacity of the prison facilities
51,167
Variation in the capacity of the prison facilities
no significant change
The total official capacity was 51,403 in January 2023.1
Council of Europe, SPACE I Report 2023, table 16. ↩
Most facilities had between 100 and 500 spaces. The largest prison in the country, Naples Poggioreale, has 2,200 inmates in 2021. The smallest prisons, Lanusei in Sardinia and Grosseto in Tuscany, each hold 28 prisoners on the same date.
Prison facilities are accessible by public transport
-
Prison facilities were gradually relocated from historic urban centres to suburban or even rural areas over the course of the second half of the 20th century.
Staff
Number of prison guards (FTE)
37,120
Italian prison guards belong to a police force named Corpo di polizia penitenziaria (Penitentiary Police).
Staff shortages are forcing senior staff to shoulder the burden of several facilities at once.
Guard to prisoner ratio
1 : 3
This ratio was calculated from the number of officers within the penitentiary police. Many of whom hold positions outside of detention facilities.
Number of socio-educational workers (FTE)
812
Percentage of socio-educational workers in relation to the entire prison staff
The prison staff is represented by (a) union(s)
Prison staff can be represented by various different trade unions: the Independent Trade Union for Penitentiary Police (Sindacato autonomo polizia penitenziaria, SAPPE), the Independent Trade Union Organisation for Penitentiary Police (OSAPP), the Trade Union for Penitentiary Police (UILPA-PP) or the National Independent Trade Union for Penitentiary Police (SINAPPE).
All those applying for a role within the penitentiary police must:
- be in full possession of their civil rights
- be under 28 years old
- have a secondary school qualification (grade 2)
- pass a competitive theory exam
- pass psychological and physical tests
The initial nine-month training course is provided by ten or so schools across Italy. A Master’s qualification in prison and constitutional law is also provided in collaboration with the University of Rome III.
Further training is delegated to regional departments and made available to penitentiary police officers throughout their career.
The basic average income of a prison officer, including allowances and bonuses, is approximately EUR 1,800 per month.