Preventive detention becomes a 12-hour "escort" to the police station, of which the prosecutor must be immediately informed, who can order the release . And the so-called "criminal shield" for officers disappears, transformed into a "separate register" for all crimes with "justifying cause."
Thus, the government addresses the Quirinale's concerns about the previous draft of the security decree.
Here's what the amended measure approved by the Council of Ministers provides.
For a series of crimes, the judge will also order a ban on participation in meetings or gatherings in public places : terrorist attack with deadly or explosive devices, devastation, looting, and massacre aimed at undermining the security of the State, violence or threats against a political, administrative, or judicial body or its individual members, even if aggravated, devastation and looting, massacre, arson, damage followed by arson against public buildings, transport infrastructure, private buildings, monuments, industrial plants, construction sites, agricultural businesses, attacks on transport safety, voluntary or unintentional homicide (including attempted homicide), personal injury committed with aggravating circumstances or with weapons or corrosive substances, or against a disguised person or by several people gathered together, or against an officer or agent of the judicial police or public security in the exercise of their duties, or against health workers, referees, or other persons ensuring the technical regularity of sporting events.
The police commissioner may order the convicted person to appear in person one or more times, at the designated times, at the competent police station or headquarters during the day on which the prohibited demonstrations take place . Violations of the ban are punishable by penalties ranging from four months to one year.
Regarding preventive detention, the draft states that " police officers and agents, during specific police duties assigned to events held in public places or open to the public, are now allowed to escort to their offices, and detain there for no more than 12 hours for subsequent police investigations, individuals who there is reasonable cause to believe are engaging in conduct that concretely endangers the peaceful conduct of the event and public safety and security."
This eventuality, the draft continues, however, concerns "specific and concrete circumstances of time and place, based on factual elements, including those inferred from the possession of weapons, instruments capable of causing harm, the use of firecrackers, helmets, or instruments that make identification difficult, or the relevance of previous criminal records or police reports for crimes involving violence against people or property during public demonstrations over the past five years." In short, there must be evidence; a mere suspicion cannot suffice (this was one of the concerns raised by Mattarella).
"Notice of such accompaniment is immediately given to the public prosecutor who, if he recognises that the conditions are not met, orders the release of the accompanied person" .
The criminal defense system is changing, and it doesn't just apply to police officers, as the Head of State had warned against the risk of creating separate case law for each category. "To increase protections for citizens and the police force, the public prosecutor, when it is clear that the act was committed with a justifiable cause (for example, self-defense, fulfillment of a duty, legitimate use of weapons, or a state of necessity) , shall make a preliminary entry, in a separate form—to be introduced by a specific decree from the Minister of Justice—of the name of the person to whom the act is attributed, regulating the investigation. The defense guarantees currently resulting from registration in the aforementioned register are ensured." In short, a special register of suspects is in place for those who acted in self-defense or out of necessity, or for officers involved in street clashes.
Then there are the rules to limit the spread of youth violence. The ban on selling improper weapons, especially sharp and cutting instruments, to minors, including online, carries fines ranging from €500 to €3,000, increased to €12,000 for repeated offenses, and license revocation. The law also mandates that retailers maintain an electronic log to record individual sales transactions on a daily basis, under penalty of administrative fines ranging from €2,000 to €10,000.
There is also an "absolute ban on carrying instruments with flexible, sharp, or cutting blades longer than 5 centimeters, whether snap-action or butterfly, easily concealable, or frequently used, punishable by one to three years of imprisonment." There is also a "ban on carrying, except for valid reasons, instruments with sharp or pointed blades longer than 8 centimeters."
If the acts are committed by a minor, an administrative fine of 200 to 1,000 euros is foreseen for the person exercising parental responsibility .
(Unioneonline)