Mafia, life sentence wins the case: he is entitled to a pension

He needs the money from the attendance allowance to make a living. An article of the Fornero law rejected

PALERMO – Brancaccio’s lifer and multiple murderer is entitled to the accompanying pension. The Labor section of the Palermo court sentenced the INPS to pay around 40,000 euros in arrears and to restore the monthly check of 500 euros. Accepted the thesis of the lawyer Francesco Scjaino of the Termini Imerese bar.

The path was traced a few months ago by a sentence of the Constitutional Court, the 137 of 02 July 202, which declared the constitutional illegitimacy of Article 2, paragraphs 58, 59, 60 and 61, of the Fornero Law.

Even those who have been definitively convicted of serious impedimental crimes, but are serving a prison sentence as an alternative to prison, must continue to receive pension or assistance benefits.

The question revolves around whether or not house arrest is granted. Since 2012, the eighty-year-old life inmate has been serving his sentence at home for serious health reasons. The surveillance court of Palermo has ruled that his conditions are incompatible with prison. In 2017, the notification from INPS arrived: according to the Fornero law he was no longer entitled to the accompanying allowance.

The Constitutional Court last July clarified the issue: “The revocation of welfare treatments can concretely entail the risk that the condemned person admitted to serve the sentence in home detention or in another alternative regime to detention in prison, since it is not the responsibility of the prison, does not have sufficient means for its subsistence. It is also true that the condemned have seriously violated the pact of social solidarity which is the basis of civil coexistence, however, it concerns this same civil coexistence that they are in any case guaranteed the necessary means to live “.

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Mafia life sentence wins case entitled pension

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