The foreigner in the district of the surveillance court of Brescia

Abstract

The essay analyzes the phenomena of foreign National prisoners and their possibility of admission to the application of alternative to imprisonment measures. The aim of this work is to offer a view of this topic, especially regarding the district of Brescia Surveillance Court. First of all, Supreme Court judgments will be analyzed, underlining in particular that the rehabilitative perspective orienting the sanction can’t admit discrimination between regular foreign National sentenced persons from one hand and illegal immigrants offenders, from the other one. Then, the analysis of the most important European Framework Decisions will offer a view of some important instruments that we have to keep in mind talking about the topic of foreign national sentenced people: in particular the Council Framework Decision on the European arrest warrant and the surrender procedures between Member States and the following Decisions establishing the principle of the mutual recognition of judgments in criminal matters and decision of probation and supervision measures. Finally, data-analysis about Brescia Surveillance Court District will be showed, considering foreign national prisoners and their admission to community sanctions and measures. In particular, we have to note that in the whole district, foreign national prisoners are decreasing, such as inmates in general; furthermore the research shows that pre-trial detention is increasing also for strangers. Although the application of alternative to imprisonment measures are increasing, the percentage of foreign national sentenced by a community sanction seems to remain equal. The most applied alternative sanction is, in all the provinces of the analyzed district, the home detention. At last, seems to be helpful to show a pilote research about judgments in the district of Brescia Surveillance Court, that has analyzed a sample composed by 571 persons, in order to identify the principal trend referring to foreign national in prison, in alternative measures and in pre-trial detention in the space considered.