The Security Decree from A to Z: all the measures in the new law

With Article 3, however, the decree extends confiscation to both aggravated robbery and the new group robbery. Not only that: it extends the aggravating circumstance of receiving stolen goods and includes in the scope of burglary also the theft by stealth of means of payment (also electronic), identity documents, computer and telematic instruments, and telephones.

Article 4 focuses on the implementation of instruments to protect urban security, applying removal orders and "Urban Daspo" also to the new 'enhanced surveillance' zones established by the prefect. Who, exercising the powers vested in him, may remove from these areas individuals who are distinguished by violent, harassing or threatening behaviour; who have been reported in the last five years for non-culpable offences against persons or property, crimes aggravated by hatred or racial discrimination and drug offences. The removal order is, as usual, ordered by the police and is valid for up to 48 hours after the facts have been established. As for the zones, the identification is valid for six months and can be renewed, even several times, up to 18 months.

But the biggest novelty is, without a doubt, the possibility of delayed flagrante delicto arrest for the crime of aggravated assault committed in the course of demonstrations.

The last point on the checklist: the tightening of sanctions against unlawful parkers - from 769 euro to 3,095, doubling if repeat offenders - and imprisonment of up to one year and six months in the most serious cases.

Article 5 contains several measures aimed at combating narcotics trafficking. Thus, the compulsory confiscation of motor vehicles and movable property used for the crimes of production, trafficking and illegal possession of drugs is introduced.

The theme of urban security returns central in Article 6, which provides for the allocation of an endowment of 19 million - also for 2026 - for the installation of video-surveillance systems by municipalities for the prevention of 'widespread and predatory crime'; an increase of29 million in the Urban Security Fund and incentives for hiring (fixed-term) local police personnel and for paying them compensation for overtime work.

At the heart of Articles 7 and 9 is perhaps the most debated topic: demonstrations. Besides the arrest in flagrante delicto introduced by Article 4, the text legitimises a range of measures: article 7 extends the powers of search of the police at demonstrations in a public place or open to the public; it introduces a form of coercive escort to police offices - a preventive detention for a maximum of 12 hours - if there is a well-founded reason (e.g. possession of weapons or a criminal record with respect to actions committed in the last five years during public demonstrations) that suggests that the subjects may pose a real danger to the conduct of the demonstration. If the subjects are minors, their parents must of course be alerted immediately.

In Article 9, on the other hand, the penalty system for violations during public demonstrations is reformed. In particular, for those who organise them without warning, no more arrests but fines between 1,000 and 10,000 euro. Those, on the other hand, who create havoc in processions by covering their faces, start from a basic penalty of 2 thousand euro. It goes up to 20 thousand euro, finally, in the case of 'disobedience to the order to disband', i.e. refusal to break up the meeting or assembly.

On the subject of road safety, Article 8 punishes dangerous fleeing from roadside checks with imprisonment from six months to five years and also extends deferred flagrante delicto arrest to this conduct.

Article 11, innovating both the Criminal Code and the Code of Criminal Procedure, makes a number of changes to the subject of personal injuries. It extendsthe ex officio prosecution for injuries to public transport personnel also to violent conduct against teachers, co-workers and school managers, providing that in these cases arrest in flagrante delicto may also be made. The basis is a prison sentence of 2 to 5 years, 4 to 10 years in the case of serious injuries, and 8 to 16 years in the case of very serious injuries.

Articles 12 and 13 intervene in the field of recording of criminal offences. Article 12, in particular, introduces the preliminary judicial record in a special register (established by Article 13) for offences committed 'in the presence of a clear cause of justification', as in the case of officers on duty. A measure previously extended only to the forces of law and order, now to all citizens acting in self-defence or necessity, which requires the Public Prosecutor to speed up the investigation and decide on the filing within no more than 30 days.

The Security Decree (Articles 18 to 24) also intervenes on the structure of the police force. The competition for 2400 senior inspectors of the State Police is brought forward from 2028 to 2027 and is no longer a selection by titles and examinations but only by titles. Until the end of December 2027, the tests are limited to university graduates only.

Article 18 also provides for an endowment ofmore than 4 million for each of the years 2028 to 2034 and structurally from 2036 for the remuneration of overtime of State Police personnel.

With regard to terms of office, that of deputy commander of the Carabinieri is for two years, that of commander of the Guardia di finanza is extended until 31 December 2026.

Again with regard to the Guardia di Finanza, the decree allows public competitions until 31 December 2027 and for the recruitment of personnel with the rank of marshal in the IT and technological innovation, technical-logistics, aviation, naval and health sectors.

For access to the role of inspectors of the Prison Police, Article 24 also authorises public competitions until 31 December 2027.

Article 26 provides for an increase of 2 million for the Fund for the development of property confiscated from the mafia.

Article 27 of the decree states that public administrations shall establish a recruitment programme for victims - if they have a disability of 80% or more - of terrorism and terrorist massacres, of duty (law enforcement employees who have fallen at work or been disabled in the course of duty), organised crime, and Covid-19 infection (in the case of health, social and health care personnel or pharmacists). A provision that, if the persons are deceased, extends to the surviving family members.

Not only: Article 27-bis recognises - for victims of duty and their relatives - the right to take time off work for a maximum of 18 hours per year to participate in public initiatives to spread the culture of legality and the memory of the victims of organised crime, terrorism and duty.

Another sensitive issue at the centre of political and public debate is immigration. On this front, the Security Decree activates several measures: the obligation for foreign detainees and internees to cooperate in order to ascertain their identity, an element that may impact both on early release and on the judgement of social dangerousness, which is a necessary prerequisite for the expulsion of a foreigner convicted of crimes that provide for mandatory or optional arrest in flagrante delicto (Article 28).

Article 29, on the other hand, provides that it is the border police office (or the Quaestor when he is assigned the task) that is responsible fortransfer to the Member State of arrival of persons found in internal EU border areas and without the right to stay. That's not all: in case of violation of the second expulsion order, the article provides that another one is not adopted but, except for the occurrence of different personal situations, one proceeds directly to detention at a Cpr or, when possible, to administrative expulsion.

Another big change, again in Article 29: access to free legal aid for the appeals of non-EU foreigners against deportation orders is no longer released from ordinary income limits.

Finally, in Article 30, there is an authorisation for the Ministry of the Interior to derogate from the regulations - until 31 December 2028 - concerning the building and restructuring of the CPRs.