The Bill in the House

Security, yes to jail for roadblocks. Detained mothers, hold remains

Rule passed that punishes with imprisonment 'anyone who impedes free movement on ordinary roads or railways'

5' min read

5' min read

From 'speech terrorism' to roadblocks and the 'arbitrary occupation of a property used as someone else's home', the Chamber of Deputies yesterday approved many of the new offences introduced by the Security Bill, approved by the Council of Ministers in November last year and landed in the House after a long process in the Constitutional Affairs and Justice Committees and bitter divisions, including within the majority.

For those who block roads with their bodies a month's imprisonment

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The yes of the deputies went as far as Article 14 of the text, one of the most contested of the total 38: modifying Legislative Decree 66/1948, it replaces with imprisonment of up to one month and a fine of up to 300 euro the administrative sanction from 1,000 to 4,000 euro hitherto provided for 'anyone who impedes the free movement on an ordinary road or railroad (also a novelty, ed.), obstructing it with his own body. If the act is committed by several persons united, the punishment is increased from six months to two years'. The attacks by the oppositions were unprovoked. "This government wants to shut the mouths of those who protest peacefully, as Putin does in Moscow," stressed Dem Laura Boldrini. "To workers who take to the streets to defend their jobs, to activists who protest about the climate crisis and are not heard, you respond by sending them to prison. A penalty that, paradoxically, is not applied if the blockade is done with a dumpster, with a car, with a tractor'. 'We are escalating into the indiscriminate criminalisation of activism and legitimate forms of protest, and it is very, very serious,' commented Sergio Costa (M5S), Vice-President of the Chamber.

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Interdictions, the prefect can cancel them for one-man businesses

Montecitorio also gave the green light to the new contravention aimed at preventing terrorism and other serious crimes directed at those who violate the obligations to report vehicle rental contracts, extended to the identification data of the car (number plate and chassis number, changes in ownership) and sub-rental contracts: it provides for an arrest of up to three months or a fine of up to 206 euro. Amendments to the anti-mafia regulations also passed, including the novelty - introduced in committee - that the prefect, if he considers that the prerequisites for the adoption of the interdiction notice subsist, 'may exclude one or more prohibitions and disqualifications' if he ascertains that as a result of the interdiction notice 'the livelihood of the owner of the sole proprietorship and his family would be lacking'.

Citizenship, revocation relaxed for convicted persons

A green light was also given to Article 9, which amends Article 10-bis of Law 91/1992 on the revocation of citizenship, stipulating that in the case of a final sentence for terrorist and subversive offences and other serious crimes, "revocation cannot be carried out if the person concerned has no other citizenship or cannot acquire another one" and extending the deadline for adopting the revocation measure from three to ten years from the final passage of the sentence. All the amendments tabled by the oppositions on the possibility of giving citizenship to children and young people who have attended a five-year school cycle, the so-called 'ius scholae', were rejected. Paolo Emilio Russo of Forza Italia, who with Vice-Premier Antonio Tajani during the summer opened the front in favour in the majority, announced that an ad hoc text would be presented "to reform the rules governing the granting of citizenship".

Up to seven years in prison for squatters

Much debated, but nevertheless approved, is Article 10 on the new offence (634 bis) that punishes with imprisonment from two to seven years 'anyone who, by means of violence or threat, occupies or holds without title a property intended as a home for others or its appurtenances, or prevents the owner or the person who legitimately holds it from re-entering the same property, shall be punished by imprisonment from two to seven years. The same punishment shall apply to anyone who appropriates another person's property or its appurtenances by means of artifice or deception or transfers the occupied property to another person. Prosecution is ex officio 'if the act is committed against a person who is incapacitated by age or infirmity'. The provision also empowers the police to vacate the property quickly.

Yes to the aggravating circumstance for offences committed in stations or on trains

On the subject of urban security, in addition to the Daspo for those simply reported or sentenced not definitively for crimes against the person or property committed in the areas and appurtenances of public transport, among the aggravating circumstances was approved that of 'having committed the act inside or in the immediate vicinity of railway and metro stations or inside convoys used for passenger transport'. On this point, too, there were strong protests from the oppositions, according to which it is a 'deological and inconsistent' rule that is likely to cause unequal treatment.

Mothers in prison, crackdown remains

Finally, Article 15, which eliminates the obligation to postpone the execution of the sentence for pregnant prisoners or mothers up to three years of age of their children, passed. Forza Italia withdrew its amendment restoring the obligation for mothers with children up to twelve months old, but had to yield to pressure from its allies Fdi and Lega. Therefore, only an amendment was approved, according to which 'by 31 October of each year, the government shall submit to Parliament a report on the implementation of precautionary measures for pregnant women and mothers of children under three years of age'. For Fi, this is nevertheless a signal to light a beacon on the issue of children behind bars.

Next steps: strengthened protections for agents and illegal light cannabis

Voting will continue tomorrow, but only next week will the measure be passed and sent to the Senate for second reading. Other controversial regulations will be submitted to the parliamentary scrutiny, such as those that strengthen the protection of the police, who will be able to possess private weapons without a licence, use bodycams on their uniforms and obtain an advance of up to 10,000 euro to cover legal expenses, or the one that prohibits the import, transfer and sale of hemp inflorescences, resins and oils, including those with a low THC content, for uses other than permitted industrial uses and punishes violations with the sanctions provided for in the Consolidated Law on Narcotics.

On cannabis new alt of the Lazio Tar

Just yesterday, the Lazio Regional Administrative Court suspended the Health Ministry decree equating cannabidiol, an extract of cannabis, with narcotic substances, effectively banning its sale in shops, herbalist shops and tobacconists. The court is due to rule on the merits on 16 December, but in the meantime hemp growers are rejoicing, claiming that 'with the suspension of the decree that included Cbd among narcotic substances, the premises on which the proposed prohibition in the Security bill was based "definitely collapse"'. In reply was the anti-drug department of the Council Presidency, according to which the Health decree 'has no connection' with the rule in the Ddl, inserted by the government to transpose sentence 30475/2019 of the Supreme Court of Cassation, which, by keeping the marketing of inflorescence and resin derivatives, i.e. marjuana and hashish, subject to the discipline of Presidential Decree 309/1990, excludes it from Law 242/2016, which only provides for the lawfulness of cannabis cultivation for other purposes. This will be discussed again.

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