IThe decree law for Caivano concerns 'urgent measures to combat youth hardship, educational poverty and juvenile crime'.
The Council of Ministers, on the proposal of President Giorgia Meloni, Minister of the Interior Matteo Piantedosi, Minister of Justice Carlo Nordio, Minister for Sport and Youth Andrea Abodi, Minister for Education Giuseppe Valditara, Minister for Family, Birth Rate and Equal Opportunities Eugenia Roccella and Minister for European Affairs, the South, Cohesion Policies and the PNRR Raffaele Fitto, has approved a provision that introduces urgent measures to combat youth hardship, educational poverty and juvenile crime.
Rules have been passed - it is explained - for the redevelopment and requalification of the territory of the municipality of Caivano and to promote the economic and social development of the area. Furthermore, the regulatory intervention acts on the applicability of precautionary measures to minors under 18, with the aim of sanctioning and dissuading them from engaging in behaviors contrary to the law, and provides specific paths for the reintegration and re-education of minors who have committed criminal behavior.
Fabio Ciciliano extraordinary commissioner for the redevelopment of Caivano
To launch a series of initiatives in favor of the town on the outskirts of Naples, an extraordinary commissioner has been appointed. He will be Fabio Ciciliano, medical director of the State Police, and will have the task of adopting, within 15 days, in agreement with the municipality of Caivano and the Department for Cohesion Policies of the Presidency of the Council, an extraordinary plan for infrastructural interventions and redevelopment of the municipal territory.
The plan will be implemented with the technical-operational support of Invitalia Spa and will also have to include specific urgent interventions to restore the former Delphinia sports centre, in collaboration with the Military Engineering Offices and the company Sport e Salute Spa
Furthermore, the decree authorizes the municipality of Caivano to hire 15 new members of the local police force, to ensure the increase of urban security and control of the territory. Provisions are also established regarding security and prevention of juvenile crime Urban Daspo.
Urban Daspo for those over 14 years of age
The applicability of the so-called 'urban daspo' (ban on access to certain areas of the city) is extended to those over 14 years of age. The ban will be notified to those exercising parental responsibility and communicated to the Prosecutor at the Court for persons, minors and families of the place of residence of the minor.
In order to combat drug dealing, it is expected that the ban on accessing and approaching public places and public establishments, which applies to anyone who has been reported or convicted for selling or transferring drugs, will also apply to anyone who possesses drugs for the purpose of dealing.
This ban is extended to schools, universities and surrounding areas. The cases in which the Police Commissioner can order other additional measures are expanded (for example, the obligation to report to the police station at least twice a week, or on certain days and at certain times, the obligation to return home and not leave within certain times, the prohibition to leave the municipality).
With the Caivano Decree, regarding the prevention of disorder in public establishments and places of public entertainment, the ban on access to public establishments and places of public entertainment is established (the so-called 'daspo Willy' against violent movida) can be applied to reported individuals, in addition to crimes against the person and property, also for the crime of carrying an improper weapon, that of violence or threat to a public official and the crime of resisting a public official.
The group of subjects against whom the Police Commissioner can impose such a ban is being expanded: in addition to persons under arrest or detention validated by the judicial authority, or convicted even with a non-final sentence, the measure can be applied to persons subjected to the precautionary measure of house arrest or pre-trial detention in prison.
The maximum duration of the measure has been increased: it goes from a minimum duration of 6 months and a maximum of 2 years to a minimum duration of 1 year and a maximum of 3 years. Furthermore, the penalties for those who break these prohibitions are increased, going from a maximum of two years in prison and a fine of 20 thousand euros to a maximum of three years and 24.000 euros.
Mandatory expulsion order. The maximum duration of the ban on re-entering the municipalities from which one has been expelled is increased by one year and the sanction is increased, becoming criminal, in cases of violation of the expulsion order.
Increased penalties for drug and gun possession
Countering crimes involving weapons and narcotics. The power to arrest in flagrante delicto for the crime of 'carrying weapons or objects capable of causing offence' is strengthened and the sanctions relating to this crime are increased, up to doubling them (in some cases from a maximum of two to a maximum of four years of imprisonment). Furthermore, the penalty for the crime of drug dealing, in minor cases, is increased from a maximum of four to a maximum of five years.
Prevention of youth violence and prohibition of the use of telecommunications devices and computer services. In order to combat the phenomenon of youth violence, also with reference to the phenomenon of 'baby-gang', the regulation of the personal prevention measure of the 'oral warning' is modified.
Oral warning also for baby gangs
Currently, the measure is foreseen for adults who, due to their conduct and standard of living, are considered to live, even in part, on the proceeds of criminal activities and are dedicated to the commission of crimes that offend or endanger the physical or moral integrity of minors, health, safety or public tranquility.
Oral warning also for minors involved in cyberbullying episodes
With the new rules, the oral warning is also made applicable to minors starting from the age of 14. It is expected that the Police Commissioner may propose to the judicial authority to prohibit, to certain individuals over the age of 14, from possessing or using mobile phones and other devices for data and voice communications when their use has served for the realization or dissemination of the conduct that has determined the oral warning.
The criminal sanction provided for adults (imprisonment from one to three years and a fine from €1.549 to €5.164) is extended to minors for violation of the provisions of the oral warning. A warning figure similar to that provided for in the field of cyber-bullying is introduced, in order to intercept certain illicit conduct physically carried out by minors against other minors, with particular regard to the cases of beatings, injuries, private violence and damage.
A warning also for young people between 12 and 14 years old.
With the Caivano Decree, a warning was decided for young people between 12 and 14 years of age. With a view to preventing the resurgence of juvenile deviance, a new type of warning from the Police Commissioner is introduced for minors between the ages of 12 and 14 who commit crimes for which the maximum penalty is imprisonment of no less than 5 years.
Since these individuals are not accountable, they will be summoned by the Police Commissioner together with at least one parent (or other person exercising parental responsibility), who will be subject to an administrative fine of between 200 and 1.000 euros, unless they prove that they were unable to prevent the crime. Countering crimes committed by minors.
The criminal proceedings against minor defendants are being addressed: the maximum sentence for non-negligent crimes for which the minor caught in the act can be taken to the police station, detained for the time strictly necessary (no more than 5 hours) for his or her delivery to the person exercising parental responsibility, is being reduced from 3 to 12 years; for measures other than precautionary custody, the threshold of applicability to those over 14 years of age is being reduced from 5 to 4 years; the maximum sentence required to proceed with the arrest, arrest in flagrante delicto and precautionary custody of those over 9 years of age for non-negligent crimes is being reduced from 6 to 14 years.
It is also expected that the arrest, detention and precautionary custody of a minor over 14 years of age may also be ordered for further and specific hypotheses (such as aggravated theft, crimes relating to the carrying of weapons or objects capable of causing offence, violence or threats to a public official, resistance to a public official, production and dealing of narcotics).
Anticipated measures relating to minors involved in crimes of particular social alarm. In the context of crimes of 'mafia-type associations, including foreign ones' and 'association aimed at the illicit trafficking of narcotic or psychotropic substances', it is expected that, if a situation of prejudice involving a minor emerges, the public prosecutor will immediately inform the public prosecutor at the court for persons, minors and families, for any initiatives within his jurisdiction.
Pre-trial detention and rehabilitation program for minors The possibility of applying pre-trial detention to a minor is reintroduced if the minor, as an accused, has fled or there is a concrete and present danger that he or she will flee.
Furthermore, a new provision is introduced concerning the re-education process of the minor: in the case of crimes for which a prison sentence of no more than five years or a fine is provided, the public prosecutor notifies the minor and the person exercising parental responsibility of the request for early resolution of the proceedings, subject to the condition that the minor accesses a process of reintegration and civic and social re-education on the basis of a re-education program.
This program must include the performance of socially useful work or collaboration on a voluntary basis with non-profit organizations or the performance of other activities for the benefit of the community to which the individual belongs; in the event of a positive outcome to the reintegration and re-education process, the judge issues a ruling of no case to answer, declaring the extinction of the crime;
in the event of a negative outcome regarding the activity carried out by the minor during the program, it returns the documents to the prosecutor for the continuation of the proceedings. Security of juvenile penal institutions.
The possibility is introduced for the director of the penitentiary institution to ask the supervisory magistrate for permission to transfer from the juvenile institution to prison for a prisoner aged between 18 and 21 who committed the crime as a minor, who with his behavior, cumulatively: compromises security or disturbs order in the institutions; with violence or threats impedes the activities of other prisoners; takes advantage of the state of subjection induced by him in other prisoners. If the prisoner is aged between 21 and 25, the request for permission is possible if the prisoner himself has committed even just one of the conducts described above.
Article published on 7 September 2023 - 19:30
