L’effettività dei diritti fuori dal carcere. Brevi note su dimittendi ed esecuzione penale esterna.

In this paper, an attempt will be made to highlight the importance of placing attention not only on the fundamental issue of the effectiveness of the rights of persons in detention, but also of those individuals who, although included in the criminal circuit, serve their sentences outside prison or who are about to leave it. Therefore, we will first talk about the expansion of the external penal area and the importance of applying to it, while respecting its specificities, the guarantees provided by the penitentiary law. Subsequently we will focus on the particular situation of the so-called “resleasing”, which requires the synergistic effort of penitentiary institutions to give effectiveness to rights “straddling” between inside and outside prison. In both cases, the social rights nature of these legal situations emerges, revealing the need for interventions and investments to guarantee the right to treatment and the preparation of effective social reintegration paths.