Std's And Bleeding Gums

Bill No. 623, on the initiative of Senators Balboni and Berson

Senate - XVI Legislature

Bill No. 623,

to the President May 21, 2008

"Amendments to Law July 26 1975, n. 354, and the Code of Criminal Procedure, relating to permits and premium alternatives to detention "

Honourable Senators. - This bill seeks to restore certainty and effectiveness of the punishment. The reduction of the custodial nature of the prison and the strengthening of mechanisms re-education have, in fact, too often procured the effect of simply thinning the prison population and alleviate the prison saturated.

Suffering the penalty system as a whole is evidence of handheld and is therefore less and less deterrence commission of further crimes. Now follow each other daily instances of the news they see hard-core delinquents, benefiting from the many benefits provided by the existing prison system, commit new crimes and heinous.

alarm and indignation aroused among the public from such events require a serious review of the institutions which too has been abused in the name of a misguided indulgence that tends to forgive the offender no longer claim that before being purged the sentence imposed.

This is ignored the same re-educational function of the penalty for which is essential quell'adeguato can afflittività that only with the deprivation of liberty can achieve.

consequences as the negative situation created (further aggravated by the recent amnesty, the broader history of the Republic, which has bailed out tens of thousands of detainees for serious and very serious) is the progressive loss of motivation of the police and the Judicial Police, which too often see set free criminals arrested a few days before, sometimes at great risk to the safety of staff, who have brought to justice.

is considered first to provide that permits may be granted to convicts premium only if they have served twenty years of pain and not the ten currently planned on the assumption that after twenty years the hazards for the community are reduced to zero or nearly so. It is then necessary to restrict the scope of application of custody evidence in the social services from three to one year.

Because judges imposing prison sentences almost always the smallest and extenuating circumstances do not negate almost anything, given the further diminishing of summary proceedings or settlement (not to mention the perverse effects of the recent pardon ) of the sentence to be served rarely exceeds three years and, therefore, with current expectations, very few end up sentenced to prison. And those who go there, with the probation, which covers a residual penalty of three years for one reason or another, we are left with very little. Pace of the certainty of punishment.

should also repeal the current provision that allows, in certain cases, custody of the convicted person without making that remark in an institution, we believe, however, always necessary.

Similar considerations apply for home detention is now provided for penalties of up to four years, we therefore propose to reduce to two. As for home detention is also reasonable to revise, in consideration of the lengthening of human life happy, the current hypothesis of ultra-seventy-year grant, reserving ultra-seventy-five. Still, in terms of home detention, on which the institute has focused much of our evolution prison, even if disconnected from any location trattamentale, it is considered improcrastinabile more control and continuous monitoring by the office of criminal enforcement outside.

of recent days is the news story that the authors of a robbery carried out October 1, 2007 in Siena, the headquarters of Monte dei Paschi, is Christopher Piancone, an exponent leading the Red Brigades, a member of the organization's strategic direction. Piancone was was sentenced to life imprisonment for complicity in six murders and two attempted murders. After years in prison had been allowed to work outside, but in the course of this measure had committed a robbery at a supermarket improper.

Since 2004, it is hard to believe, was under a probation and parole in fact carried out the robbery at the Monte dei Paschi di Siena. But how can a guy like Piancone enjoyed the day release?

In Rossi, Secretary ANM (National Magistrates Association) considers "intolerable that courts responsibility to load and then you crucify them. For the magistrates, under the rules, recognize the benefits to prisoners is a difficult prognosis requires the conduct that they will. "

If this is true, the only solution is to intervene to modify the conditions governing the granting of the measure of parole. Today it is right to be granted if the prisoner has served half his sentence. We expect that the same should be granted until at least two-thirds and, in severe cases, compared with up to two thirds, until three-quarters, to provide the public with greater peace of mind.

We also expect that those sentenced to life imprisonment can not be admitted to the system of parole because, otherwise, such a sentence would not really make more sense.

He also believes a school should be deleted as that of early release, in addition to having suffered severe criticism from the source of doctrine (the great criminal and mafia are rarely targeted by relationship disciplinary impediments to the granting of benefits), inexplicably gives inmates a different schedule, made up of nine months a year instead of twelve.

should also amend Article 444 of the Code of Criminal Procedure, by adding a due consultation with the injured parties and a proper provisional in their favor, in which actual payment is conditional on the same application of the penalty upon request.

is also necessary, in terms of execution of prison sentences, to amend Article 656 of the Criminal Procedure Code in so far as is provided for the suspension of the sentence within the limits of the three years, reduced to one year, to make this provision consistent with the corresponding change that we made the institution of custody evidence in the social services. We trust therefore in a rapid passage of this bill.

Bill No. 623

Article 1

1. Article 30-ter of Law July 26, 1975, No 354, hereinafter referred to 'Law 354, 1975 "in paragraph 4, letter d), the word" ten "is replaced by 'twenty'.

Article 2.

1. Article 47 of Law No 354, 1975, be amended as follows:

a) in paragraph 1, the words "three years" are replaced by the following: "a year";

b) paragraph 3 is repealed.

Article 3

1. Article 47-ter of Law 354, 1975, be amended as follows:

a) in paragraph 01, the words "seventy years" are replaced by the following: "seventy-five years'

b) in paragraph 1 , introductory words, "four years" shall be replaced by "two years";

c) in paragraph 1-bis, the words "two years" are replaced by the following: "one year";

d) in paragraph 4 is added at the end the following sentence: "In every case of home detention outside the criminal enforcement office has the task of monitoring the measure with the obligation to report periodically to the magistrate monitoring the progress of the same. "

Article 4

1. Article 50 of Law No 354 of 1975 shall be amended as follows:

a) in paragraph 2, the words "at least half 'is replaced by the following:" two thirds ", the words" two thirds "are replaced by" at least three quarters' and the words "half" is replaced by the following: "two thirds";

b) paragraph 5 is repealed.

Article 5

1. Article 54 of Law No 354, 1975, is repealed.

Article 6

1. The Code of Criminal Procedure shall be amended as follows:

a) Article 444, paragraph 2, first sentence, after the words "on the basis of the acts" by inserting ", after hearing the people offenses "and after the first period included the following:" The judge sentencing the defendant to pay a provisional adequate for the injured party, by making the same application of the penalty on actual payment of the aforesaid provisional application;

b) Article 656, paragraph 5, first sentence, the words "three years" are replaced by the following: "a year."

Play Cube Field At School

The "security package" strikes on the law and changes to the PDL Gozzini

Il Velino, June 15, 2008

One of the measures of the "security package" that took the form of the bill is a substantial redefinition of so-called law Gozzini (No. 663 of October 10, 1986), legislation on the prison system but also "Implementation of measures deprive or limit freedom," which introduced the organic law on the detention (No. 354 of 1975) a series of prizes for those sentenced to prison under a certain threshold, gave concrete signs of willingness to redemption. These measures of clemency and rehabilitation that are allowed by the award, probation to social service, home detention, probation until the trial and the early release.

A set of rules which suffered, however, a few years after the launch, further softening. The most substantial of which was certainly the so-called law-Simeon Saracens (No. 165 of 1998) passed during the first government-Prodi. What in practice introduced the possibility of opening the offender to a term alternative to prison before he had begun serving his sentence behind bars. And it is precisely on this point that one intervention could focus correction imminent security package.

Specifically, the primitive "Gozzini social services who admitted to custody, sentenced to no more than three years in prison, showed" through a month of observation on his personality in prison these results to suggest that the measure clemency "to help ensure the rehabilitation and prevention of the danger of committing other crimes." A concession that the second law could also be extended to the accused that he returned to freedom before conviction final but after a period of custody, had shown the same aptitude for redemption. The Saracens-Simeon

instead goes further and in effect, creates the possibility to award custody who has not even tried the jail, either before nor after the indictment. There are calls for the suspension of operation (for sentences of up to three years) to allow the offender to submit within thirty days of application for probation, home detention (albeit only in certain special cases) or parole ( although here only for sentences of up to six months).

In this context the only rule that has only partially surgery after close to these benefits is perhaps the detention insulted former Cirielli. In fact there next to all the disputed provisions on reducing prescription process, we will fix escalation for repeat offenders even on parole. As to the extent they become accessible only after serving two-thirds of the sentence (three quarters for those convicted of criminal association). More generally, the law will undergo a readjustment Gozzini systematic criminal on the threshold under which each may take an alternative measure.

view of the fact that even at this point refer to the so-called petty crimes, but often of high social alarm. It should be recalled fact that today it applies even to those who award the permit has been convicted again while serving the first sentence, provided he has served two years in prison after committing the new offense. That the same law grants custody to social services instead of jail sentences of up to more than three years. What finally

today parole may be granted not only always to those who must serve up to six months in prison but all other prisoners who have served half the sentence. The only exception for lifers: in that case is to be able go out during the day must have made at least 20 years in prison.

What Did Shaloin Monks Wear

Gozzini: the damage and insult

Rita Guma (President Observatory on Law and Rights Onlus)

www.osservatoriosullalegalita.org, June 15, 2008

The chairman of the Senate Judiciary Committee, Filippo Berselli (PDL), presented the bill S.623, "Amendments to Law 26 July 1975, No. 354, and the Code of Criminal Procedure, relating to permits and premium alternatives to detention."

If the text that will come down to us, the changes tend to reduce the possibility of alternative measures and reduction of sentences stating the laudable intention of ensuring the effectiveness and certainty of punishment.

But the bill hidden aspects to be highlighted:

among the measures proposed, there is a revision of the minimum age for home detention, to bring 70 to 75 years. In practice, the law called ex Cirielli desired by the center only in November 2005 has included in the rule of law Gozzini home for those over seventy but less than three years after their party colleague Berselli realizes that life is lengthened (the motivation invoked) and wants to raise the limit to 75. Meanwhile, note, of subsidy has exercised Cesare Previti. In short, more on a personal than that!

in the report of the PDL, Berson complains that textually "... The judges imposing prison sentences almost always the smallest and extenuating circumstances do not negate almost anything, given the further diminishing of summary proceedings or settlement (not to mention the perverse effects of the recent pardon )...". But it should be noted that the pardon him well liked and voted for Forza Italy and during the previous Berlusconi government has been introduced as a settlement expanded!

In short, the damage and insult, of course, always the sign of a strong justice to the weak and weak with the strong cloaked with demagogic purposes.

Poem Bridal Shower Monatary

Here comes the law that clears the Gozzini

Paolo Persichetti Liberation, June 15, 2008

Submission to the Senate Judiciary Committee in the draft bill on the abolition of prison benefits.

"We want the certainty of punishment. Gozzini abolish the". Before climbing on the highest bench of the Chamber Gianfranco Fini had said time and again. Now that the right is holding the reins of government and all opposition in Parliament has disappeared, the design restorer seems unstoppable and is poised to give new substance to the material constitution of the country before taking the attack to the office. After the special laws for the region, the security package that provides for the propagation and transformation of CPT in prison-camp, the penalty for aggravating irregular migrants, forced evictions, the profiling, raids and the army against nomads in the streets, the crackdown also affects the security-prisons.

was filed in the Senate the bill 623, for the "Amendments to Law 26 July 1975, No. 354, and the Code of Criminal Procedure, relating to permits and premium alternatives to detention." Filippo Berselli first signatory, President of the Senate Judiciary Committee with a profile securitarian first-rate: a former Member of An MSI then Senator and now leader of the PDL.

The bill provides for the abolition of early release, namely the reduction of sentences of 45 days per semester granted in case of good behavior and positive participation of prisoners for re-education course. Intention that difficult to find the backing of the same Penitentiary Police.

who works daily in the prison knows that this is one of the institutions that contributed most to "pacify" the prisons, defusing riots, protests and violent confrontations. Among other things, the reduction of sentence for good behavior sees Italy in a position of lagging behind compared to other European countries where this measure can be reached in different ways, until the middle of the sentence and not just one quarter as required by text of current law, passed by Parliament in 1986.

Measures put in the yard severely affect the lifers, who see doubled the time to get permits: from the current ten-year sentence at a minimum of twenty expiated, "on the assumption that after twenty years, the risks to the community are reduced to zero or almost. " For them it is also completely abolished the ability to access to day release, expected today after twenty years in prison.

For inmates with sentences temporary, however, the entry in semi-liberty (outside work day and night in a cell) move from half to two thirds of the sentence for less serious offenses and two-thirds to three quarters for the categories are judged. Probation services social no longer cover the last three years but only the last sentence, and who is at liberty must necessarily be reincarcerato if you would get the benefit. Which means that it will be automatically excluded, given the long working days which mark the Probate Court.

is then expected to decrease by half of the special home detention would increase from four years to two, while "in consideration of the lengthening of human life happy" this benefit will no longer be granted to the over seventy but will be confined only to the ultra seventy-five ... if they can survive in the cell.

After putting out Cesare Previti his friends have returned to consider the prison for the elderly made a humanly acceptable. The amendments to the Code of Procedure concerning the impossibility of agreeing to the sentence (Article 444) without a prior agreement and appropriate compensation to the injured party. While the institution of suspension of sentence (Article 666) is reduced from three to one year to make it compatible with a simultaneous change of custody in evidence to social services.

This is the substance of the proposed changes. The promoters' intentions are clear: defeat the content of Article 27 of the Constitution which establishes the character of the rehabilitation effort. It is not a reform designed to restrict the use of benefits but a brutal elimination of a legislative institution, it must be said, already widely accepted.

Since its first draft, in fact, the law Gozzini (not exempt from relief for his installation premialistico and her "redemptive ethics") has undergone continuous and repeated restrictions. In particular with the introduction of standards (such as art. 4-bis), which have drastically reduced or denied the application to growing number of crimes.

Already today, contrary to what is being said by the promoters of its abolition, access to benefits is with considerable difficulty and it is almost unattainable for offenses more severe. Some of these, such as infringements in the Mafia, terrorism or kidnapping for extortion, eligible for parole and allowed only if they cooperate with the justice system, otherwise they remain excluded.

for murder or international drug trafficking, since the 90's access permissions is only possible after serving half his sentence and two thirds for parole. Also, once reached the time limits of the law to file the application, there is no automatic, but began a long and complicated path of observation prison, marked by systematic delays and discards the benefits that make the port a true path to "fighter".

The criteria required for access are also very selective and require in addition to the subjective, documented observation prison inside the prison, even as the objective requirements for a job, a residence. Elements which effectively excludes foreigners, who now represent over one third of inmates. In short, the obsession with denouncing securitarian drum swing permissiveness prison, thanks to the support of its powerful media apparatus, not telling the truth. Foment an ideology rather low alloy that simulates instincts of the human disturbances.

the end of 2007 the number of permits granted (data Dap) amounted to just 7,749, with a percentage of non-infringement falls far below 1%. Not being the unbundled figures shown do not allow us to know the real number of detainees "permessanti. But one can easily agree that since each permit must distance of at least forty days before the magistrates of monitoring can deliver to every prisoner not allowed more than 8 per year. In this way the number of what they get the benefit is approximately around a thousand a year, at a prison population with a penalty of about 20,000 definitive about 51,000 people detained in February 2008. The national total of semi-free is even more laughable: only 727 at the end of 2007.

not surprising then that some months ago the director of the Dap, Ettore Ferrara, on the basis of a report which drew attention to the positive results derived from the benefits offered from prison, especially in terms of reducing the propensity to recurrence, emphasized the overly restrictive behavior of Probate Court inviting you to have a more brave in the granting of alternative measures.

The need to retrieve the "certainty and effectiveness of pain," the need to stop the "reduction of the custodial nature of the prison" is therefore a pernicious myth stirred by the supporters of disciplinary society. When the Enlightenment culture introduced in his claims to the "degree of punishment", the goal was to establish rules that define exactly the way it is, at a time when the penalty was simply a waiting time without measure, which preceded the torture. The concept of "certainty" was not separated from that of "moderation and proportionality." With the abolition of prison benefits, the penalty becomes purgative that punishment which society is an illusion to expel evil from itself.