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RESEARCH PRODUCT

Privo di ragionevole giustificazione, incongruo e inutile: censurato dalla Consulta il divieto di cuocere cibi previsto per i detenuti sottoposti al regime del “carcere duro”

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Constitutional Court declared unconstitutional art. 41-bis, paragraph 2-quater, lett. f), ord. pen., where requires the adoption of all the necessary measures to prevent detainees, under differential rule system, from cooking food. Based on the principles set out in articles 3 and 27 of the Constitution, the decision is increasingly important as it goes beyond the relevance of the specifically addressed issue: especially as it recognizes that even those who are restricted, according to art. 41-bis ord. pen., shall keep access to “small acts of daily life”, considered particularly precious as they represent the “last residues within which individual freedom can expand”.