Il diritto a non collaborare del condannato: una prospettiva sulla quale insistere a tutela della libertà restituita

The present study intends to propose an interpretation of the stubborn preclusions to accessing the al- ternative to prison through the formulation of a paradigm that combines the need for the recovery of the convicted person with respect for his inviolable rights: “returned freedom”. We will try to demon- strate how valid arguments can be drawn from the breadth of contents and implications underlying this concept to lay the foundations for the recognition of the right of convicted persons not to collaborate with the judicial authority and consequently for a reasonable revision of the regulatory of the system of penitentiary preclusions ex art. 4-bis, ord. pen.