Decision of the Court of Cassation, I Criminal Section, No. 34451 of 22 March 2017

With this decision, the Court of Cassation confirmed certain parameters that the judges must utilize to reconcile the application of detention measures (including home detention and others) in presence of an ascertained social dangerousness of the convicted person, with due regard for the health and age conditions of the same. Irrespective from whether said conditions are or not compatible with prison detention, the judges must take into account preventing violations of fundamental rights guaranteed by the Constitution, such the right to health and the right of every person to not be subjected to ill-treatment.