Public order

Security Decree published in the Gazzetta, here are the regulations that come into force today

President of the Republic Sergio Mattarella signed the security decree, which was published in the evening in the Official Gazette. The provisions of the measure (which incorporates all the remarks that emerged in the discussion with the Colle), almost all of which enter into force today.

by Redaction Rome

      ANSA / CIRO FUSCO

5' min read

5' min read

President of the Republic Sergio Mattarella signed the security decree, which was published in the evening in the Official Gazette. The provisions of the measure (which incorporates all the remarks that emerged in the discussion with the Colle), almost all of which come into force today, Saturday 12 April. From the crime of "possession of material for terrorist purposes" to the strengthened protections for agents and military personnel, the decree that replaces and surpasses the Ddl being examined by the Senate is broad and complex, tracing the articles in their entirety but incorporating the remarks made by the Quirinale. Here are the main measures immediately in force

Prevention and Counter-Terrorism

The first article introduces the offence of possession of material for terrorist purposes. A penalty of two to six years' imprisonment is imposed on anyone who procures or possesses material containing instructions on the preparation and use of deadly war devices, weapons, chemical or bacteriological substances and any other technique or method for the perpetration of acts for the purpose of terrorism. The threshold of punishability is also raised for anyone who distributes, disseminates or publicises by any means material containing instructions for the preparation and use of explosive materials essential for the commission of seriously offensive offences.

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Police and military protections

There is a substantial package of regulations for the police and armed forces. An aggravating circumstance is introduced for the crime of violence or threatening and resisting a public official if the act is committed against an officer or agent of the judicial police or public security with an increase in the penalty by up to half. There is also a further aggravating circumstance in the case of violent acts committed in order to impede the construction of an infrastructure (the so-called 'no Bridge or no Tav' rule), but it is specified in the text of the Law Decree that the infrastructures are those 'intended for the supply of energy, transport services, telecommunications or other public services'. It also introduces the new offence of personal injury to an officer or agent of the judicial police or public security in the act or due to the performance of their duties.

Bodycam on uniforms and unlicensed private weapons

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Police forces will be allowed to wear bodycams on their uniforms, i.e. video surveillance devices suitable for recording operational activity in public order maintenance services, territorial control, surveillance of sensitive sites, as well as on trains and on board trains. The same power is provided for in places and environments where persons subject to restriction of personal freedom are detained. Officers are also authorised to carry private weapons without a licence when not on duty.

Legal protection

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For members of the police force, the National Fire Brigade and the Armed Forces investigated or accused for facts related to service activities, the State may pay up to EUR 10,000 for legal costs at each stage of the proceedings. Recourse is envisaged if it is established that the employee is responsible for wilful misconduct. Recourse is excluded, on the other hand, in the event of a decision not to prosecute, for lapse of the statute of limitations, for archiving, and in other cases of acquittal (unless, for the facts contested in the criminal proceedings, the employee has been found liable for gross negligence in disciplinary proceedings). In addition, the defence of movable and immovable property used in the exercise of public functions is strengthened: in the case of defacement and defacement, there is a risk of imprisonment from six months to one and a half years and a fine from one thousand to three thousand euro, with an increase in the maximum term of imprisonment (three years) and in the fine (up to 12 thousand euro), in the case of recidivism.

Tougher penalties for those who do not stop at traffic police stop signs

In the decree there is also the tightening of sanctions for violating the prescriptions and obligations issued by traffic police personnel, with the accessory sanction of the suspension of the driving licence from 15 to 30 days in the event of a repeat offence.

The crackdown in prisons

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The measure increases the penalty for inciting disobedience of the laws if the act is committed inside a penal institution or through writings or communications directed at prisoners. The offence of "riot within a penal institution" is created, which punishes the conduct of promoting, organising or directing and participating in a riot carried out within a penal institution by three or more persons united, by means of acts of violence or threats, attempts to escape or acts of resistance, including passive resistance, that prevent the performance of acts of office or service necessary for the management of order and security. Again thanks to the interlocution with the Colle, the core of criminal relevance of the conduct of resistance (also passive) has been better defined, circumscribing it to those relating to the execution of orders given 'for the maintenance of order and security'. The penalty is increased if the offence is committed with weapons or if the riot results in personal injury or death. A similar offence is also provided for in detention centres for irregular migrants. In this case, for resistance, reference is made to orders issued 'for the maintenance of order and security' against groups of irregular foreigners present in the CPRs only, expunging any reference to reception centres.

Roadblocking becomes a crime

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The current administrative offence of road blocking becomes a crime, punishable by imprisonment of up to one month and a fine of up to EUR 300. If the offence is committed by several persons, the imprisonment ranges from six months to two years.

The crime of squatting

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The decree, like the bill, introduces a new type of offence aimed at combating the phenomenon of illegal occupation of property intended as someone else's domicile or its appurtenances, or the appropriation of property intended as someone else's domicile, or its appurtenances, with artifice and deception. The offence is punishable by imprisonment from two to seven years. In addition, a procedure is introduced to speed up the reinstatement of possession of the occupied property, if it turns out to be the only actual dwelling of the whistleblower.

Picking and scamming the elderly

The instruments for deterring and repressing elderly fraud are strengthened by introducing a specific aggravated fraud case (two to six years and a fine of EUR 700 to EUR 3,000) with arrest in flagrante delicto.

Begging, punishment for using children up to the age of 16

Again in order to combat urban crimes considered to be more harassing, the decree increases the penalty for inducement to begging for minors up to the age of 16 (no longer up to 14) and introduces an aggravating circumstance if the act is committed with violence or threats or against a person under the age of 16 or in any case not chargeable.

Sim to migrants, just an identity card

In order to sell Sim cards to non-EU migrants, it will be enough for foreigners to show a simple identity document: the decree law does not require them to show a valid residence permit, as did the bill. 

Jails and Work

In addition, the decree intervenes to favour the employment of prisoners, also outside, by making use of non-profit organisations (third sector entities) in implementation of principles of social solidarity and horizontal subsidiarity, with the extension of the definition of 'disadvantaged persons' also to prisoners or internees in penitentiary institutions and former in-patients of psychiatric hospitals, also judicial.

Standards that do not come into force immediately

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Very few regulations do not enter into force immediately. Within 60 days from the entry into force of the decree, it is foreseen the adoption of the regulation that establishes the requirements for registration to the register kept by the Office of the Extraordinary Commissioner for the coordination of anti-racket and anti-usury initiatives. Within 12 months from the conversion into law, amendments are made to the rules governing the organisation of the work of persons subject to prison treatment

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