Vita Gazette

News from Italy

Security decree: new changes to the penal code

The security decree prepared by the government has divided the country into two. While some describe this decree as an “assassin of freedom and the greatest attack on the opposition”, mainly because of the powers granted to the security forces, others argue that this decree is necessary for the safety of the people.

A controversial security decree prepared by the right-wing coalition government led by Giorgia Meloni in Italy, increasing penalties for those who attack law enforcement officers, has been approved by the Senate and has become law.

With Decree 48 published in the Official Journal, the government introduced 14 new crimes and nine aggravating circumstances in 39 articles. Three news items: crackdowns on illegal occupations of houses, as well as the crime of blocking roads; measures against terrorism and a crackdown on prison riots; measures for detained mothers and a crackdown on low-level cannabis use. The 39-article measure incorporated much of the bill on the matter, dating back to 2023.

Cannabis light ban

The Security Decree, a significant legislative change, now prohibits the import, sale, processing, marketing, and shipping of hemp sativa inflorescences. Article 18 of this decree introduces a crucial provision, allowing the production of inflorescences containing CBD only if intended for “professional floriculture”.

Roadblocks and injuries – from one month to two years

Under the new legislation, omitting a road or railway line from an administrative sanction is now considered a serious crime. The penalty, a one-month prison sentence and a fine of up to €300, serves as a stark reminder of the gravity of such actions. If the crime is committed in conjunction with several people, the prison sentence can increase to two years.

However, such regulation also includes protests, such as workers’ actions in front of factories.

Occupation of real estate – from two to seven years

A new crime has also been created: “arbitrary occupation of real estate intended for the domicile of others”, punishable by imprisonment from two to seven years. It also provides for imprisonment from six months to a year and a half and a fine of 3 thousand euros in the case of defacement or soiling of “movable and immovable property used for the exercise of public functions” (with an increase in a sentence of up to three years and a fine of up to 12 thousand euros in the case of repeat offenders). The crime of arbitrary occupation of real estate has been created, and the possibility for the judicial police to order the immediate release of the occupied property, even without a judge’s warrant, in the case of illegitimate occupations, is provided for.

Fight against usury

Article 33 of the provision stipulates that economic operators who are victims of the crime of usury and beneficiaries of mortgages granted under Article 14 of Law 108/1996 are supported by an expert responsible for assisting them in the process of economic recovery and reintegration into the legal framework.

Secret services and terrorism: from six months to four years

The Security Decree contains a provision that authorises secret services to participate in and direct subversive or terrorist organisations, as well as to operate undercover within organised crime groups. The first article then includes the new crime of “possession of material for terrorism” Anyone who “knowingly obtains or possesses material containing instructions on the preparation or use of war devices (…), firearms or other weapons or harmful or dangerous chemical or bacteriological substances, as well as on any other technique or method for carrying out acts of violence or sabotage of essential public services, for terrorism, even if directed against a foreign State, an institution or an international body, is punishable by imprisonment from two to six years”. A prison sentence of six months to four years is also provided for Anyone who disseminates or advertises this material by any means, including online.

Prison riot and anti-Tav law

The crime of rioting in prison (and also in correctional prisons) is punishable by sentences ranging from one to five years. However, a new criminal offence of “passive resistance” is born – renamed for this reason, anti-Gandhi – that is, those conduct that prevent the performance of official or service acts necessary for the maintenance of order and security.

Prison for mothers with children in tow

The rule on mothers who are detained has been one of the most contested and one of those on which the Quirinale intervened. However, the postponement of the execution of the sentence for pregnant women or mothers of children under the age of one year remains optional and no longer mandatory as it was until April, and it is provided that they serve the sentence; if the postponement is not ordered, in an institute with attenuated custody for mothers who are detained. If the sentence is not postponed, for mothers of children between the ages of 1 and 3 years, the sentence may be carried out in an Icam only if the needs of exceptional importance allow it.

Unlicensed weapons and body cams for agents.

Members of the police force, whether carabinieri, police, or financial police, are authorised to carry certain types of weapons with them, even without a license, when on duty. Law enforcement officers will then be able to choose (but will not be required to do so, as requested by various organisations) to wear body cameras during their service.

Police officers – from two to five years

The crime of “injury to a judicial police officer or agent or public security officer in the act or because of the performance of their duties or service” is then introduced, with imprisonment from two to five years and the possibility of arrest in flagrante delicto if it occurs during public demonstrations.

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