Prospettive di riforma delle REMS: le possibili alternative al ricovero custodiale dei folli rei e al conseguente problema delle “liste d’attesa”

Starting from an analysis of the critical issues facing the Ita lian REMS system (Residences for the Execution of Security Measures), highlighted by the Constitutional Court ruling no. 22/2022 and the European Court of Human Rights in the case S.Y. v. Italy, which condemned Italy for inhuman and degrading treatment, the essay delves into the phenomenon of “mad offenders on the waiting list”, that are individuals who, despite having received a hospitalization order, do not access REMS, due to a lack of places, often remaining unlawfully detained, resulting in violations of the fundamental rights of patients and the community. Despite some recent progress, such as the stablishment of consultation tables and information systems, structural and management issues remain, and the 2025 recent reform proposals put forward by the Superior Council of the Judiciary risks reintroducing a custodial model, in conflict with the principles of territoriality and transitory nature of REMS, founding principles introduced by the 2014 reform. The essay therefore suggests and advocates for a more systematic reform that begins with a review of the definitions of criminal liability and social dangerousness, limiting the application of detention security measures only to cases of genuine risk of recidivism for serious crimes, overcoming the centrality of REMS and promoting a system more compliant with constitutional principles and European standards.