Italian Constitutional Court, order no. 187 of 5 November 2026.
In order no. 187/2026, the Italian Constitutional Court revisited the rules governing early-release credits, referring to the principles laid down in judgment no. 201/2025, which had declared Article 69-bis(3) of the Prison Administration Act partially unconstitutional.
According to the Court, early-release credits are not merely an arithmetic reduction of the sentence. They are an essential means of encouraging and recognising an offender’s participation in rehabilitation.
The possibility of obtaining periodic assessments for each six-month period of a sentence already served enables prisoners to receive timely feedback on their progress and, where an assessment is negative, to adjust their conduct accordingly.
Postponing the assessment, potentially for years, would risk undermining the incentive provided by the scheme. It could also make it more difficult to exercise defence rights and for the court to provide adequately reasoned decisions concerning earlier periods.
The Court therefore reiterates that a sentenced person may apply for early-release credits at any time in respect of six-month periods already completed, without having to demonstrate a specific additional interest.
By declaring the new constitutional challenges manifestly inadmissible because their subject matter had ceased to exist following the earlier judgment, order no. 187/2026 confirms a fundamental principle: procedural simplification cannot compromise the rehabilitative purpose of punishment protected by Article 27(3) of the Italian Constitution.
Sources: Constitutional Court, order no. 187/2026 (Italian); Constitutional Court, judgment no. 201/2025 (Italian).
