The Council of Ministers has approved a new decree on security, with measures to prevent and combat violence in the squares, after the serious incidents in Milan that occurred last weekend. In a video message, President Giorgia Meloni presented the content of the provision: among the new features, the crime of violent participation in a demonstration was established, preventive detention was extended to the most crowded areas (such as nightlife areas) and the presumption of imputability was introduced for minors over 14 years of age.
However, the proposal put forward by Defense Minister Guido Crosetto to provide the Army with police powers for a temporary period of 3 months was rejected. 500 additional military units will still be deployed in Milan, as part of the “Safe Roads” operation, but they will not have the same powers as the judicial police.
This last measure, in particular, failed after the confrontation with the President of the Republic Sergio Mattarella: for the Quirinale, therefore, providing the military with police powers (and therefore the power to arrest a citizen during a procession) would not have been in line with democratic standards.
Let’s see in more detail all the measures of the new Security decree.
Minors already attributable between 14 and 18 years old
Among the major changes of this decree, minors will be considered attributable from the age of 14. Until now, those aged between 14 and 18 were considered attributable only if their capacity to understand and desire was demonstrated on a case-by-case basis. Now, however, the situation is reversed: the ability to understand and will is presumed until proven otherwise.
In short, it is presumed that the minor was able to understand what he was doing, unless proven otherwise. The defense, therefore, will have to concretely demonstrate the minor’s inability to understand or will at the time of the crime.
New crime of violent participation in public demonstrations
The security decree also establishes a new crime of violent participation in public demonstrations: anyone who participates in a group of 5 or more people using weapons, instruments capable of offending or explosives will be punished. The new crime of participation will be punished with imprisonment from 2 to 5 years and a fine of 10,000 to 20,000 euros.
Penalties increase for some cases of devastation and looting and for attacks on public utility systems committed during demonstrations.
Deferred arrest for damage, devastation and looting
In this case, the judicial police are granted the possibility of proceeding with deferred arrest (i.e. when the person is not immediately caught in the act) for the crimes of group damage, devastation and looting, attacks on public facilities and violent participation in demonstrations. The law will therefore allow officers to arrest a suspect within a maximum of 48 hours, if there are photos, videos or computer systems that unequivocally document the fact.
“He who breaks, pays”: sanctions against parents of violent minors
The decree also establishes the principle of “whoever breaks it, pays”. If a minor participates in violent crimes or group damage, the Prefect may apply a fine against the parents. The fine can range from 500 to 1,000 euros, which rises to 2,000 euros in the event of repetition.
More specifically, if the damage is to a public good (such as a bus shelter, a traffic light, a van), it is the Prefect who directly sends the payment order home. However, if the damage is to private property (with damage caused to a shop window, a shop, a car), the owner will be able to go to the judge and obtain an immediately enforceable injunction.
Preventive closure also extended to nightlife areas
The preventive closure will also be extended to the areas with the greatest influx of people (such as nightlife areas) and, therefore, not limited to demonstrations. The measure, in reality, had already been introduced by the previous Security decree, converted into law in April, but limited to public demonstrations.
Now, however, those who commit “facts and acts that disturb public order and safety in places characterized by a significant influx of people”, including minors over 16 years of age, will be able to be accompanied and detained at police offices for up to a maximum of 12 hours.
