top of page
Press
REMS, psychiatric patients, prison, wrongful imprisonment, criminal lawyer Milan, Lodi, Monza, prison, robbery, criminal trial
07.01.2025 Fanpage Assolto per vizio totale di mente ma è ancora in carcere, la legale: “Deve andare in una struttura, ma non c’è posto”

Interview given to Fanpage by Federica Liparoti:
When was your client arrested?
Last summer on charges of family abuse and robbery. It had immediately emerged that he was a person with serious psychiatric problems. I had immediately applied to have him released from prison.
In addition, the psychiatrist who had examined him immediately after his arrest had diagnosed him as totally incapacitated. In July, the prosecutor in Lodi had made a request to the judge to replace the custodial measure in prison with an application for provisional security measure. He also asked that he be placed in a treatment facility. Instead, he remained in jail.
What reason had been given?
The preliminary investigation judge had granted the prosecutor's request and mine, but there was no place in the Rems (or Residence for the Execution of Security Measures) identified. Therefore, the December trial was awaited. However, the situation was serious already in July: my client had been kept in prison when the judge had ordered another measure.
Then the trial began...
The trial was held on December 12 under an abbreviated procedure. The judge acquitted him on the grounds of total incompetence, and the measure of placement in an REMS, at a facility in Castiglione delle Stiviere, was applied. Security measures are carried out there. The judge specified that my client's release can only take place when there is a place in REMS. However, at the legal level he has been acquitted: so we are keeping in prison a person who has not been found guilty. As of Dec. 12 to date, he is still detained at the Monza prison.
Your client even though he was acquitted cannot return home?
No because a security measure has been ordered because he has been found socially dangerous. He must in this case be transferred to an REMS.
If there is no place in the chosen facility, can't you change REMS?
The judge has ordered placement in any Rems. The Residence for the Execution of Security Measures in Castiglione delle Stiviere is the one of reference in Lombardy: it would have already given its availability to receive my client but there is still no place. He is therefore on a waiting list.
How will one proceed now?
The Dap (i.e., Department of Prison Administration) and Lombardy Region need to be approached because these are health care facilities. They should extend the search to other facilities in other parts of Italy.
Now I do not rule out filing an interlocutory appeal to the European Court of Human Rights to try to unblock the situation. I would like to avoid that, because my interest and his family's interest is not to seek reimbursement but to make sure that my client gets out of prison as soon as possible. We have to keep in mind that the European Court of Human Rights has already condemned Italy for these types of cases.
Tag:
Unjust detention, REMS, Castiglione delle Stiviere, acquittal, psychiatric disorder, prison, robbery, criminal lawyer Milan, Lodi, Monza, ECHR appeals, human rights
bottom of page