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."
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