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The article reflects on the institution of Italian National Guarantor of the rights of persons detained or deprived of their liberty (NGDL), limited to the health area and, in detail, to the protection of liberty of the elderly population. The study starts with the description of duties and functions of the Guarantor as foreseen by the institutive norm; it then reconstructs the debate on the theme of ageism and illustrates the Italian care'ssystem. The joining link between these two parts is determined in the textual study of the annual reports to the Parliament and in the examination of the visits carried out at residences for the elderly. This path will show that the role of guaranteeing remains incomplete. What firstly appeared to be an opportunity to strengthen the mechanisms of protection of various conditions of fragility, at the moment, needs a further period of growth and consolidation.

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Italian law 24/2017 introduces a conformity assessment procedure to a behavioral pattern in case of an adverse occurrence committed by a sanitary professional: this one will be not stated criminally liable if his conduct has been recognized as compliant with guidelines. This chapter analyzes the mechanism provided by Italian Act, which is considered a useful instrument for managing the systemic complexity, but also a “shield” to defend the health profession. Despite some difficulties due to different factors (scientific and technological advance, prevention and control of clinical risk, enormous and sometimes unreliable flow of medical knowledge) the application of standards appears to protect healthy workers from accusations and social tensions by allowing for the actual circumstance. The object of the study will be Italian policies about public health and risk management and most significant judgments of Supreme Court. It will contextualize the damage in a relativistic and interactionist perspective.

The Italian prison system is characterized by a sort of schizophrenia (Ferrajoli, 2000) due to two opposite principles of legal framework: the certainty of sentence and the re-educative purpose of imprisonment. The action of the Surveillance Judge (Magistrato di sorveglianza) – a relevant authority for the enforcement of a criminal judgment – takes its place in the heart of such tension. In fact, he must ensure a right implementation of the sentence and, at the same time, he has to attend that the sentence serving is realized in accordance with penal rules and, particularly, with the re-educative aim. Therefore this study will highlight the importance of professional training for serving sentences judges whose educational programming would provide for inputs of criminology and victimology studies. They supply the Surveillance Magistracy (Magistratura di sorveglianza) with cognitive tools to identify the right treatment program for the convicted personality and to promote a mediation process between offenders and victims.