Prisoners with disciplinary records are excluded from ‘private visits’
In cases involving offences that bar access, more rigorous assessments of the right to emotional support
Key points
The right to emotional relationships in prison may be denied to prisoners who have had disciplinary offences. An assessment of the risk posed, both within and outside prison, which becomes more stringent for those serving a sentence for offences that preclude parole. This was affirmed by the Court of Cassation, which, in judgment 38314/2026, dismissed the appeal against the refusal of intimate visits to which the Constitutional Court had granted access (judgement no. 10 of 2024). The contested decision was based on two disciplinary offences: the first arising from the discovery of two mobile phones concealed in the cell shared with another prisoner; the second for the intimidating and derisive tone used towards a prison officer.
Finally, the rejection of the complaint was also influenced by information from the police headquarters and the Carabinieri, according to which, although the clan to which he belonged had disbanded, it could still be considered active the risk of links between the prisoner and organised crime in the area, of which he had been a leading figure.
Tests and assessments
The judges take this opportunity to clarify when a request for ‘private visits’ may be rejected. The red light may be triggered ‘on security grounds, to maintain order and discipline, due to the prisoner’s own misconduct, or for judicial reasons, in the case of a person who is still a defendant”.
At the same time, however, the Supreme Court emphasises that the refusal cannot be based on abstract assessments regarding the detainee’s propensity to commit offences. And therefore not solely on their criminal record, pending legal proceedings or the seriousness of the offences.
What is required, however, is ‘a prognostic assessment of the current risk, based on concrete factual evidence, regarding the visit for which authorisation is sought – taking into account the previous behaviour in prison of the person who is to benefit from it and all other information obtained both regarding their personality and on the relationship with the person to be met – could undermine specific security requirements or, in any event, adversely affect the maintenance of order and discipline within the institution’
