Country

Italy

Detention issue

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
Law No. 534/1975Detainees are allowed to have visits and correspondence with relatives and other persons, also for the purpose of carrying out legal acts. Detainees are entitled to confer with their defence counsel from the beginning of the execution of the measure or sentence. They are also entitled to have interviews and correspondence with the guarantors of prisoners' rights.
Art. 37 of the Decree of the President of the Italian Republic No. 230/2000Visits with persons other than relatives and cohabitants are authorised when there are reasonable grounds. . Detainees shall be granted six visits per month; in the case of detainees for which the prohibition of benefits applies, the number of visits may not exceed four per month. For severely ill persons, or when the visit takes place with offspring under ten years of age, or when special circumstances apply, interviews may also be granted outside the limits established. The maximum duration of the visit shall be one hour. In consideration of exceptional circumstances, it shall be permissible to extend the duration of the visit with relatives or cohabitees. The visit with relatives or cohabitees shall in any case be prolonged by up to two hours when they reside in a municipality other than the municipality in which the detention facility is located if the detainee has not been interviewed in the previous week and if the needs and organisation of the establishment permit this. No more than three persons may attend each visit with the prisoner or inmate; this rule may be waived in the case of relatives or cohabitants.

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