The Council of Ministers approves the Decree Law on Security, strongly desired by the League. Some of the measures have been removed due to constitutionality problems. Here are the main points of the text.
Today in the Council of Ministers held at 6 pm the “Security” Law Decree. Initially thought as a bill, the government finally decided for the conversion into the decree after the bill had been forced to return from the Senate to the Chamber (where it had already been approved in September) for problems relating to financial covers, as well as for the potential unconstitutionality of some measures highlighted by the Quirinale. With the transformation into decree, the provisions contained within it will immediately enter into force, and then be converted into law by Parliament within 60 days. With this move he then wanted to get around the parliamentary “delays”.
The criticisms of the Quirinale and the changes made to the “Security” DL
There was a political stall inside the majority, which saw the League on one side and brothers of Italy and Forza Italia on the other, regarding the changes to be made to the original text, with the deputy secretary of the League Andrea Crippa who had expressed its opposition to “a text sweetened by Mattarella”. The Quirinale, in fact, had raised doubts of constitutionality on several rules of the bill.
A further revision was therefore necessary to make the document that cannot be attacked from the point of view of constitutionality. So here is the movement on some of the initial measures: the elimination of the obligation to defer the under penalty of the inmates of young children, with the possibility of keeping pregnant women and mothers of children under the year of age, was envisaged. The modified version restores the discretion of the judge, who will be able to decide on a case -by -case basis.
The absolute prohibition of sale of telephone sims to irregular immigrants without a residence permit, where now it will be enough to show a valid document is also limited. In addition, in the original version the passive resistance was included among the conduct that integrates the new crime of revolt in prison, while the modified version defines more precisely the “nucleus of criminal relevance of the conduct”, limiting the application of the crime of revolt in prison.
The obligation for public administrations and state partnerships to respond to requests for collaboration of the secret services is also modified: we return to the mere faculty (already provided for by the law currently in force) and all reference to public companies disappears. Finally, the aggravating specific for those who protest against great works was also overhauled.
Those who have worked on the dossier are now convinced that the text of the decree is unassailable from the point of view of constitutional legitimacy. The oppositions have severely criticized the transition from “bill” to “legislative decree”, calling it “unacceptable forcing” (Pd) and a “blow of hand” (M5S).
What provides for the new decree
Among the additions to the “Security” decree there is the insertion of a package of rules for the police (the “criminal shield” was set aside for constitutionality problems). These measures aim to strengthen all existing protections, including those during the events. The use of private unparalleled weapons is allowed, the use of bodycams on the uniforms and it is also expected that the Ministry of the Interior covers the legal expenses (for a maximum of 10 thousand euros) of the agents under investigation or attributed in every phase of the hypothetical procedure inherent in the service carried out.
Among the elements maintained by the original DDL there are more than twenty crimes and cases, such as the road or railway block or the abusive occupation of Immobile. Cannabis light stop should also remain. A new crime has also been introduced that punishes those who get or hold material with the instructions to prepare or use explosives, firearms or chemicals and bacteriological substances with terrorism purposes, with penalties provided for by two to six years of imprisonment.
Another new crime included in the “Security” DL punishes those who participate in a revolt within a penitentiary institute through acts of violence, threat or resistance to the execution of orders. The sentence goes from one to five years, with tightening if the crime was committed using weapons or injuries or death of people (for a maximum of twenty years in prison). A similar crime punishes those who, together with at least three other people, organize or participate in a revolt in a reception center for migrants or in a repatriation center, using violence or acts of passive resistance.
The crime of damage during events expanded, with fines that now reach up to 15 thousand euros and penalties of imprisonment for at least a year and six months. A new aggravating circumstance has been introduced for the crime of scam. The urban daspo has been expanded, allowing the questions to arrange the ban on access to certain public places for people reported or sentenced for some crimes.
The arrest in deferred flagrance has been extended to the crimes of personal injury against a public official during sporting events or a doctor or nurse on duty. Finally, the rules on the concession of the conditional suspension of the penalty for some crimes in public transport have been modified.
