La (ir)revocabilità anticipata: analisi di un decennio di provvedimenti del magistrato di sorveglianza di Mantova

Abstract

With specific reference to the problems deriving from the end of security measures, this article analyses the methods of granting, the judicial practice, the criteria of evaluation and the quantitative trends of revocation judgements, both at and in advance of the end of term, of measures of commitment to judicial psychiatric hospitals (in accordance with Art. 222 of the Italian Criminal Code) as practised by the San Luigi JPH in Castiglione delle Stiviere. For this purpose, all the files relating to applications for advance revocation and to judgements of revocation at term heard in the period from 1992 to 2002 by the Mantua Surveillance Magistrate, which has jurisdiction in the area, were examined, whenever possible highlighting the criteria, the characteristics and the problems of the revocation orders issued. All this was of course conducted in an eminently qualitative light and without any claim whatsoever to being exhaustive, considering the unique nature of the source used and the peculiarity of the structure analysed with regard to other comparable institutions in Italy. Lastly, two recent judicial orders are reported and commented on in brief. While on the one hand bearing witness to the significant change that has taken place in the legislative framework, on the other they enable security measures to be adopted that are different from the ones foreseen in Art. 222 of the Criminal Code, thus offering a sustainable type of solution.