Prison Sentences and Legal Resources in Criminal Proceedings
Execution of Prison Sentences
The execution of penalties and security measures aims to rehabilitate sentenced individuals, granting them the right to paid work, social security affiliation, access to culture, and personal development. The competent court submits the prison sentence details to the prison director, including:
- First Degree (Closed Regime): For extremely dangerous or unsuitable prisoners.
- Second Degree (Regular Regime): For other prisoners.
- Third Degree (Semi-Open Regime): For prisoners who can serve their sentences in semi-liberty, provided they have fulfilled their civic responsibilities and, in cases of terrorism offenses, demonstrated credible repentance.
- Fourth Degree (Parole): Granted to prisoners in the third degree who have served three-quarters of their sentence, exhibited good conduct, have a positive prognosis for social reintegration, satisfied civil liabilities, and, if convicted of terrorism, have credibly repented.
Probation is also possible for individuals aged 70 or older or with terminal illnesses. Probation lasts for the remaining sentence duration and is revoked if the individual re-offends or violates probation conditions.
Classification of Legal Resources
Legal resources in criminal proceedings are classified as ordinary (reformable) and extraordinary (non-reformable). Ordinary resources include reform and appeal, while extraordinary resources include complaint and cassation.
Reform
Reform can be filed against judgments of Coroners and Criminal Courts. In regular procedures, it’s granted against orders of examining magistrates, except where expressly excluded. It’s usually optional but sometimes required. In shortened procedures, it’s used against decisions of Trial Judges and Criminal Judges (unless exempted), and is never prior to appeal. The procedure allows for rapid prosecution of non-appealable interlocutory decisions by the duty judge. It’s also available against orders of Penitentiary Security judges. The filing deadline is three days from notification. The letter, signed by counsel, states the reasons, is transferred to the counterpart for two days, and resolved by car.
Appeal
Appeal has the same grounds as reform, differing only in the body that hears it.
Appeal and Complaint
Appeal is the primary ordinary remedy, bringing all issues decided in the appealed decision to a higher body. Appeals against interlocutory decisions are expected from orders made by examining magistrates (e.g., inhibition cars, refusal of complaint admission, refusal of trial opening) and Criminal Judges (abbreviated procedure) and Juvenile Courts. The application is submitted to the court a quo, which admits it in one or both effects. The appeal is resolved at a hearing where all parties can present arguments. In abbreviated procedures, both appellant and appellee file a statement with all grounds for appeal, generally without oral arguments. The appeal hearing auto resolves and communicates to the issuing court. If the order is against the applicant, the contested decision regains full force. The appeal period is five days from service.
Cassation
Cassation applies to final decisions, including judgments in misconduct procedures against Criminal Judges and Central Criminal Courts (summary proceedings), judgments by Guard Judges (fast proceedings), judgments and final orders by Integrated Jury Court Magistrates in provincial courts, and final orders by Central Juvenile and Juvenile Courts. It also applies to final orders of provincial courts considering res judicata, statute of limitations, amnesty, or pardon. The second instance compromises immediacy and orality, as it cannot operate under the same conditions as the first.
Appeals Against Summary Proceedings Sentences
- Reform depletion is never mandatory.
- Filing within five days.
- Appeal can be based on background defects (seeking a more favorable ruling) or procedural grounds.
- The letter must state the grounds for appeal, discussed briefly after the hearing. If alleging due process breaches causing helplessness, and if defects are remediable, the ability to prove the requested relief must be demonstrated. The application should request the practice of improperly declared inadmissible evidence.
- The letter is transmitted to the counterparty for ten days for allegations and proposing appropriate tests. It then goes to the court ad quem, which resolves the sentence (within five days if clear, or ten days if not) which can be appealed except on review or cancellation.
- The filing deadline is five days, and for Case 3, three to five days depending on whether there’s a hearing.
For appeals of misdemeanor procedure judgments, the resort deadline is five days. The procedure is short, but if the Provincial Court is involved, the Coroner would be a single judge, issuing the ruling.
Unappealable Grievance Appeal
This applies to non-appealable orders of examining magistrates. It’s filed directly with the court ad quem, signed by a solicitor and barrister, substantiated ex parte without Prosecutor intervention unless the crime requires it. It can be instrumental when awarded against decisions of the court a quo that veto the resolution of a returnable resource (appeal and cassation), with the court resolving on appeal.