– The Senate has given the green light to the government's vote of confidence in the Caivano decree. There were 90 yes votes, 45 no votes; no abstentions. The measure will now be examined by the Chamber, where it will be examined by the chamber starting on November 6.
the bill for the conversion of decree 123/2023 on combating youth hardship, educational poverty and juvenile crime, as well as for the safety of minors in the digital sphere.
The text of the decree containing "urgent measures to combat youth hardship, educational poverty and juvenile crime, as well as for the safety of minors in the digital sphere", the so-called Caivano decree, just approved in first reading by the Senate, with the government's vote of confidence, is made up of 16 articles.
Here's what the 16 articles of the Decree provide
Among the main measures, a government amendment on the supervision of the fulfillment of the obligation of education, with more significant sanctions for parents who do not take care of the obligation of schooling of their children. A bipartisan amendment is the one that contains provisions for the verification of the age of majority for access to pornographic sites. Further amendments were approved for the strengthening of cybersecurity, as well as the measure that introduces the institution of the observatory on the suburbs and further provisions for the strengthening of the administrative capacity of the municipality of Caivano.
On the security front, Article 4 increases the penalties for the crimes of illegal possession of weapons and instruments capable of causing offence, for which a license is not permitted, and Article 6 modifies the rules of the juvenile criminal process in terms of precautionary and precautionary measures.
Article 8 introduces the re-education process for minors. The new provision provides that in the case of crimes punishable by imprisonment of no more than five years or by a fine, alone or in conjunction with the aforementioned fine, the public prosecutor may order and notify the minor of a request for early resolution of the proceedings.
Article 9 then modifies Legislative Decree no. 121 of 2018, regulating the execution of sentences against minors and establishing that a prisoner over twenty years of age interned in a juvenile penal institution for crimes committed as a minor may be transferred to a prison institution for adults, if he or she is responsible for behaviors that cause disturbance of order and security in the juvenile institution or uses violence or threats or creates a state of subjection in other prisoners. The rule also applies to a prisoner over eighteen years of age who adopts similar behaviors.
And again, the Caivano decree introduces the possibility of transferring to an adult prison an inmate who has reached the age of twenty-one and is serving a sentence in a juvenile prison for crimes committed before reaching the age of majority, whose conduct is incompatible with the needs of order and security within the juvenile prison.
Article 12 deals with strengthening compliance with compulsory education, by providing for the insertion in the Criminal Code of Article 570-ter, concerning the crime of failure to comply with the obligation to educate minors. As for the use of drugs, Amendment 4.12 modifies Article 73 of the Consolidated Law on the regulation of narcotics and psychotropic substances, prevention and treatment of rehabilitation from the related states of drug addiction, which has provided that anyone who commits acts considered of minor importance is punished with imprisonment from eighteen months to five years and a fine from €2.500 to €10.329, when the conduct is not occasional.
While amendment 4.101 introduces the new “crime of spreading”, which in this case is embodied in the behavior of anyone who, in order to instill public fear, provoke tumult or public disorder or threaten public safety, detonates gunshots or bombs or other explosive devices or materials. This crime is punishable, if the act does not constitute a more serious crime, with imprisonment from three to eight years. The crime was already a crime, but in this case it is regulated and disciplined with a specific provision and the penalty is increased.
In the context of juvenile services, it is expected that at every stage and level of the proceedings the judicial authority will avail itself, without new or greater burdens on public finances, of the juvenile services of the administration of justice and of the social assistance and health services established by local authorities and the National Health Service.
And again, the provision establishes that when the precautionary needs are aggravated, the judge, upon request of the public prosecutor, may order the replacement of the applied measure with precautionary custody, in the cases permitted by Article 23 (article amended by the decree-law), which expands the list of crimes for which precautionary custody is applicable pursuant to the Presidential Decree no. 448 of 1998 (the one that regulates the juvenile criminal process). It is then established that a series of particularly serious criminal cases are excluded from the application of probation, such as aggravated homicide, sexual and gang violence, limited to specific aggravating circumstances, robbery aggravated by some specific circumstances.
On the path of re-education of the minor, the Caivano decree provides that during the preliminary investigations the prosecutor, if he is proceeding for crimes with a sentence of up to five years or a joint pecuniary penalty and if the facts are not particularly serious, can notify the minor, the parent or the person acting on his behalf of a proposal for early conclusion of the proceedings, subject to the condition that the minor accesses a path of reintegration and civic and social education.
This path includes community service, unpaid collaboration with third sector organizations or carrying out other activities for the benefit of the community for a period ranging from two to eight months. After the period of suspension of the trial, taking into account the behavior of the boy, the judge declares the crime extinguished; otherwise, he returns the documents to the public prosecutor.
Article published on 27 October 2023 - 14:14
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