Security Decree, from detained mothers to passive resistance: here's what it provides
First green light from Montecitorio - after a marathon night session - to the security decree , which is being examined by Palazzo Madama. In total, 14 new crimes are being introduced and 9 additional aggravating circumstances. In 39 articles, the security decree, which replaced the bill approved in first reading in the Chamber and then 'stranded' in the Senate also following the objections raised by the Quirinal, rewrites several articles of the penal code and criminal procedure, providing for new crimes that range from passive resistance to the renamed 'anti-Gandhi law' by the opposition, to the crackdown on light cannabis, to a new regime for detained mothers and the so-called 'anti-No-Tav and anti-No-Ponte' laws.
Even on the aggravating front, new cases are added, such as those foreseen for crimes committed near train or subway stations or those relating to fraud against the elderly. The non-punishability of the actions of intelligence agents is also extended and the evictions of occupied properties are speeded up. The decree substantially reproduces the contents of the security bill: comparing the texts of the two provisions, 12 articles have undergone changes, even minimal ones, compared to the original text. Among the most significant changes are the rules on detained mothers and those relating to telephone SIM cards for non-EU citizens.
TERRORISMNew criminal offences are introduced regarding the possession of material containing instructions for carrying out acts of terrorism and the dissemination of instructions on the preparation and use of explosive or toxic substances for the purpose of carrying out crimes against the personality of the State.
BEGGINGPenalties for those who employ minors in begging are increased (up to 5 years in prison)
CRIMES NEAR TRAIN AND METRO STATIONSA new aggravating circumstance is introduced that comes into play when the crime is committed inside or in the immediate vicinity of railway or subway stations or inside convoys used for passenger transport. This circumstance applies to non-negligent crimes against life and public and individual safety, against personal freedom and against property or which in any case offend property.
OCCUPIED PROPERTIESThe crime of arbitrary occupation of a property intended for someone else's domicile (or its appurtenances, such as garages or cellars) is introduced, as well as an emergency procedure for the release of the property and subsequent reinstatement of possession. The crime is punishable by imprisonment from 2 to 7 years and a cause of non-punishability is provided for the occupant who collaborates in the ascertainment of the facts and voluntarily complies with the order to release the property.
CLOSER ON DEMONSTRATIONSIncreased penalties for the crime of damage during demonstrations in a public place or open to the public if the act is committed with violence to the person or threat. The penalty is imprisonment from 1 year and 6 months to 5 years and a fine of up to 15,000 euros. Deferred arrest is provided for when the act is committed during demonstrations in a public place or open to the public.
ROADBLOCK AND ANTI-GANDHI LAWIt becomes a criminal offense - instead of an administrative offense - to block a road or railway by obstruction with one's own body. The penalty is increased if the act is committed by several people gathered together. It can be punished with one month in prison and a fine of up to 300 euros. But if it occurs during a demonstration, and several people block the road, then the penalty can reach up to six years.
PRISONERS MOTHERSIt is one of the most controversial and contested rules and also at the center of the observations of the Colle. It has been modified, loosening the 'tightening', compared to the original text: it is made optional, and no longer mandatory, to postpone the execution of the sentence for pregnant women convicted or mothers of children under one year of age and it is provided that they serve the sentence, if postponement is not ordered, in an institute with attenuated custody for detained mothers. Furthermore, the execution of the sentence cannot be postponed where there is a risk, of exceptional relevance, of the commission of further crimes. The postponement of the sentence can be revoked if the mother has behaviors that could cause serious harm to the growth of the minor. If the sentence is not postponed, for mothers of children between 1 and 3 years of age the sentence can be carried out in an Icam only if the needs of exceptional relevance allow it.
CANNABISThe importation, transfer, processing, distribution, trade, transportation, dispatch, shipping and delivery of hemp inflorescences (Cannabis sativa L.), even in semi-processed, dried or shredded form, as well as products containing such inflorescences, including extracts, resins and oils derived from them, are prohibited. It is expected that, in such cases, the sanctions provided for narcotics and psychotropic substances will apply. The prohibition does not include the agricultural production of seeds intended for uses permitted by law within the limits of contamination.
ANTI-NO TAV AND NO BRIDGE REGULATIONSo renamed because a further aggravating circumstance is introduced if the violence or threat to a public official is committed in order to prevent the construction of a public work or a strategic infrastructure.
BODY CAM FOR LAW ENFORCEMENTPolice forces are allowed to use wearable video surveillance devices in public order maintenance, territorial control, surveillance of sensitive sites, as well as in the railway sector and on board trains.
LEGAL PROTECTION FOR LAW ENFORCEMENTThe recognition of an economic benefit is foreseen for the legal expenses incurred by officials or agents of public safety or judicial police, as well as by firefighters, investigated or accused in proceedings concerning facts inherent to the service performed. The benefit is recognized starting from 2025.
ANTI-VANDAL STANDARDIt is expected that if a movable or immovable property used for the exercise of public functions is defaced, with the aim of "damaging the honour, prestige or decorum" of the institution to which they belong, the penalty is imprisonment from six months to one year and six months and a fine from 1,000 to 3,000 euros.
CRIME OF RIOT IN PRISON AND CPR AND PASSIVE RESISTANCEAn aggravating circumstance is introduced for the crime of incitement to disobey the law, applicable if the act is committed inside a penitentiary institution or by means of writings or communications directed at detainees; the crime of revolt inside a penitentiary institution is then provided for. A new crime is also provided for aimed at repressing episodes of violent protests by groups of irregular foreigners held in the CPRs. The crime of passive resistance is introduced: this concerns conduct that prevents the performance of the acts of the office or service necessary for the management of order and security. Finally, the procedures for the creation of repatriation detention centers are simplified through the possibility of derogating from every provision of law with the exception of the criminal law and the anti-mafia and European Union laws code.
UNLICENSED WEAPONSLaw enforcement officers are authorized to carry certain types of weapons without a license when not on duty.
TELEPHONE SIMSControversial rule and object of the Quirinal's observations, modified with respect to the original text: to purchase a telephone SIM, a migrant will have to present an identity document, no longer the residence permit as provided for by the bill.
SECRET SERVICESThe decree removed the obligation for public administration to collaborate with the secret services.
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