Limited Capacity in Prisons: a Turning Point Against Overcrowding

“No one may be detained for the execution of a sentence in an institution that does not have a regularly available bed space”.

It is with this sentence that Riccardo Magi and other opposition deputies ignite the debate on one of the most pressing issues of the Italian penal system: prison overcrowding.

The proposal introduces a key principle: no one can enter prison if there is no availability of a place that complies with standards of dignity and safety.

The minimum standards, already defined at national and European level, should take into account:

• A sufficient living space for each detainee (about 3 square meters per person, according to the European Court of Human Rights);

• Access to sanitary facilities;

• Adequate ventilation and lighting conditions;

• The possibility of recreational and reintegration activities.

In the event that these conditions cannot be met, alternative measures to detention should be mandatorily adopted for less serious offenses, while those convicted of particularly serious crimes remain excluded from this possibility.

The regulatory framework of the proposal is simple but highly impactful and would represent a significant turning point from a legal perspective. In a political landscape that for years has proposed ineffective solutions, limited capacity in prisons emerges as a more targeted approach. Unlike the measures adopted so far - in particular the construction of new facilities or the expansion of existing ones - this measure avoids costly, slow and often ineffective solutions.

Rather than increasing capacity, it is in fact necessary to rethink the meaning of punishment and ensure that it is carried out under dignified conditions, as required by the Constitution.

Limited capacity therefore proposes an objective criterion for the legality of the execution of punishment: if the state is not able to guarantee adequate standards, deprivation of liberty cannot be applied. It is not about emptying prisons, but about recognizing that a fair punishment must also be humane, effective and proportionate.

In this sense, the Magi proposal represents not only a concrete and sustainable measure, but also a step forward towards a more constitutional, more European and above all fairer criminal justice system.