Regarding the procedure for the extension of detention, pursuant to Article 14 of Legislative Decree No. 25 of 2008, the guarantees of the adversarial procedure, consisting of the necessary participation of the defense counsel and the hearing of the person concerned, apply – under penalty of nullity of the decision that nonetheless authorized the extension – without the need for the detained person to request to be heard. (In this case, the Court of Cassation annulled the decision of the regional court which had deemed the participation of the person concerned at the hearing unnecessary, based on a prefectoral declaration regarding the quarantine of the CPR housing units caused by the Covid-19 emergency, erroneously considering that the detainee had to explicitly justify the reasons for their participation in the hearing, which would have led to a different outcome in the proceedings).
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