Ciccotti R
Quad Criminol Clin. 1978 Oct-Dec;20(4):403-34.
The Author has examined the period successive to July 1975, namely, from the approval of the new prison System to the present day, highlighting the manifold negative aspects due to the incomplete application of the reform and not neglecting to review also the positive aspects of the regulations applied. The Author laid special stress on the distorted interpretations given to some different regulations of the System and on the ensuing wrong procedure that has been established, whose correction represents the only way not only towards a proper application of the reforming law, but also for preventing the most serious risk the reform is liable to run; that of being made the object of revisions and abrogations that might ultimately change their nature and jeopardise their objectives. The Author reviews the practical consequences of both the erroneous interpretations of the law and of its misapplications, dwelling on Article 30 in the first place, which has prompted some to define the law the "reform of leaves". Also examined was the problem of the special prisons, the usefulness of which is confirmed by the Author, who upholds the view that they must function in full observance of the regulations, for reasons of equity and opportuneness. From the rehabilitation treatment angle, the prison work, the participation of the extramural community, the "leasure time", the assistance after release. Still in the framework of his critical approach as to the prison reality, the Author illustrates the situation of the health service, and reviews the positive points that have been achieved in the implementation of some reform institutions, with special regard to the new disciplinary approach and its satisfactory results that have already been statistically observed. More adequate talks and correspondence by letter or through the telephone, a better compensation for the prison work, the convict representation in some sectors of intramural life, the measures as an alternative to enprisonment, all these actions represent the practical results of the reform achieved so far in a rather satisfactory way. After dealing with the figure of the surveillance judge, of the director and of the military personnel of prisons, setting forth observations and proposals to enhance their work, the Author declares, by way of conclusion, that he is fully convinced that the reform will ultimately attain its important targets, laying stress on the fact that the good will and the contribution of all those who are called upon to participate in its realization, may prove instrumental in shortening the period of time required for making the reform fully operative.
作者审视了1975年7月之后的时期,即从新监狱制度获批至今,着重指出了因改革未完全实施而产生的诸多负面问题,同时也不忘审视已实施规定中的积极方面。作者特别强调了对该制度一些不同规定的歪曲解读以及由此确立的错误程序,纠正这些不仅是正确实施改革法的唯一途径,也是防止改革可能面临的最严重风险的唯一途径;这种风险就是改革可能成为修订和废除的对象,最终改变其性质并危及目标。作者回顾了对法律的错误解读及其误用所带来的实际后果,首先详述了第30条,有人据此将该法律定义为“休假改革”。还探讨了特别监狱的问题,作者确认了其有用性,并坚持认为出于公平和适当性的原因,它们必须完全按照规定运作。从康复治疗的角度来看,包括监狱工作、校外社区的参与、“休闲时间”以及出狱后的援助。仍在对监狱现实进行批判性审视的框架内,作者阐述了医疗服务的状况,并回顾了在一些改革机构实施过程中取得的积极成果,特别提到了新的纪律处分方式及其已在统计数据中得到证实的令人满意的结果。更充分的谈话以及书信或电话通信、对监狱工作更好的补偿、囚犯在监狱生活某些方面的代表权、替代监禁的措施,所有这些行动都代表了迄今为止改革以相当令人满意的方式取得的实际成果。在论述了监督法官、监狱长和监狱军事人员的职责,提出加强其工作的意见和建议之后,作者最后宣称,他坚信改革最终将实现其重要目标,并强调所有被要求参与改革实施的人的善意和贡献,可能有助于缩短使改革全面生效所需的时间。