The hoax of the decriminalization of crimes by the Renzi government

As often happens, on the "decriminalization" of crimes carried out by the Government we read confused news, half-truths and hoaxes in industrial quantities. Let's try to clarify a bit.

December 29, 2014 – fanpage.it

This piece starts from the end, i.e. from the landing on Beppe Grillo's blog of the “semi-buffalo” (we honestly don't know what to call this type of pseudo news, with half a basis of truth and with an evolution that often overflows into sensationalism). We are talking about the sensational (but also not) decriminalization of 112 (?) crimes by the Renzi government, an issue which after a few passages on the "counter-information" sites (vabbeh), was taken up by Grillo's blog with an intervention by the national secretary of Consap Giorgio Innocenzi.

The policeman refers to the fact that "a manslaughter, theft, beatings, the abuse of an animal, fraud, obscene acts, or a failure to help even done before our eyes can no longer be subject to criminal conviction" and comes to quote Sciascia (vabbeh / 2): “Italy, anything but the cradle of law. It is its coffin!”. It is also singular to underline how after the scandalized tones, in closing it should be noted that it is true that "these are crimes that are not very serious" and it is underlined how the measure "will cause the perception of safety among good people to drop below zero, and will instead splash the perception of getting away with it on the part of those who are not so good". In short, a classic case of the expectation effect, a problem more of "perception" than real, to which Consap himself ends up contributing in an almost paradoxical way.

But what is the starting point of this new security alarm? It all starts from law number 67 of 28 April 2014, that is to say "delegation to the Government on non-prison prison sentences and the reform of the sanctioning system, with provisions on the suspension of proceedings with probation and against untraceable persons”. The law passed definitively in the House with the only a vote against by Lega Nord and Movimento 5 Stelle (while Forza Italia was split into three, for, against and abstained) and contained a series of indications regarding the modification of the assignment of house arrest (which becomes the main penalty for crimes up to 3 years), the assignment of alternative forms to prison such as probation and hourly detention, as well as the "transformation into simple administrative offences" of a series of crimes. Among these also the crime of clandestine immigration, a rule on which it was the base of the M5S is also positively expressed via online voting.

Being an enabling law, however, there was the need to wait for the legislative decrees, which were finally approved by Council of Ministers of 1 December 2014. On that occasion, acknowledging the work of the ministerial commission appointed in May and chaired by Professor Palazzo, the CDM gave the go-ahead Also to further provisions for "the non-punishability due to the particular tenuousness of the fact". In a nutshell, it is a question of allowing "a more rapid definition, with an archiving decree or with an acquittal sentence, of the proceedings initiated against persons who have committed criminal offenses characterized by an overall tenuousness of the fact", avoiding that it continues the process "where the penal sanction is not necessary"; on the other hand, the possibility "for the offended persons, to obtain serious and adequate relief in the competent civil office" remains unchanged.

However, the two things, the "tenuousness" of the fact and the transformation of a series of criminal offenses into administrative offences, are not necessarily connected. In the first case we are dealing with criminal offenses, with the filing that will be able to trigger (at each stage of the proceedings)"for all crimes sanctioned with a prison sentence not exceeding a maximum of 5 years or with a pecuniary sanction, provided alone or in addition to prison”, but only in the event that the judge deems the fact “irrelevant” or the conduct of “particularly tenuous”: in short, it is not a safe conduct for those who commit crimes punishable up to 5 years. To be clearer: there is no decriminalization of crimes such as stalking, private violence, abuse of minors (as well as we read somewhere); but it will be the judge who "listen to the parties" will assess whether there is a "particular tenuity" in the crime committed.

A parenthesis should then be opened on the question of "animal abuse". In this case, in fact, there is the risk of a short circuit with respect to the Government's idea, since, as it cannot necessarily "listen to the injured party", the judge's decision could be biased in favor of the 'defendant. On this point, as confirmed by Minister Orlando, the Government has reserved the right to intervene again.

Then there are some crimes that have been transformed into administrative offences, as already anticipated by the enabling law approved in April (in short, if there really was to be a controversy, it had to be done months ago…). It is the reform of the disciplinary discipline, dealt with by article 2 of the enabling law, which precisely provides for the transformation of a series of crimes into administrative offenses (even "regardless" of any conviction). Among them, those for whom it is already planned the sole penalty of the fine, except for crimes involving:

• construction and urban planning;
• environment, territory and landscape;
• food and drink;
• health and safety in the workplace;
• public security;
• gambling and betting;
• weapons and explosives;
• elections and party funding;
• intellectual and industrial property;

In short, we repeat, these crimes remain and are not affected by the reform of the disciplinary discipline. Then there is another type of crime, provided for by the penal code, which will be transformed into an administrative offence: the contraventions envisaged by articles 652 (“Refusal to provide one's work in the event of a riot”, for example the refusal to provide useful information to the police in the event of a street protest… do we really want to keep something like this?), 659 (disturbance of people's rest), 661 (abuse of popular credulity), 668 (abusive theatrical or cinematic representations... are we seriously scandalized by this?) and 726 (profanity).

There is the transformation into administrative offenses of the contraventions punished with the alternative penalty of arrest or fine for what concerns a series of crimes (here a detailed list), including:

• article 171-quater of the law of 22 April 1941, n. 633, which punished with the arrest of up to one year or with a fine from 516 to 5,160 euros whoever, illegally and for profit purposes, rented or in any case granted the use for any reason, originals, copies or supports lawfully obtained of works protected by copyright or performed the fixation on audio, video or audio-video support of the artistic performances;
• article 15, second paragraph, of the law of 28 November 1965, n. 1329 which punished with a fine ranging from 25 to 100 Euros or with imprisonment of up to three months whoever failed to restore the altered, canceled or unrecognizable mark by others affixed to a machine that he owned or owned detention
• article 28, paragraph 2, of the consolidated act on the subject of the regulation of narcotic drugs and psychotropic substances, prevention, treatment and rehabilitation of the related states of drug addiction, pursuant to the decree of the President of the Republic of 9 October 1990, n. 309, which punished with arrest up to one year or with a fine from 516 to 2,064 euros whoever did not observe the prescriptions and guarantees to which the authorization was subject for the cultivation of the relative plants

Then there is the transformation into an administrative offense of the crime of illegal immigration in Italy (and illegal stay), except in the case of illegal re-entry. And finally there is the repeal of a series of crimes against property: Usurpation, Diversion of water and modification of the state of places, Invasion of land or buildings (be careful here, because with the exclusion of water, land, funds or public buildings or intended for public use); Damage (only for the part concerning the ex officio procedure); Appropriation of lost things, treasure or things obtained by mistake or fortuitous event; subtraction of common things.

What happened to the long and sensational list of 112 crimes decriminalized by Renzi? Specifically, you can find a sensible answer on buffaloes.net. But in general we are faced with yet another media cauldron in which everything flows, for the sole purpose of scandalizing, indignant, pissing off the distracted reader (or voter). Perhaps the same one to whom data on the flooded courts, the length of the trials or the antiquated Italian legislation had just been posted to.

continue on: http://www.fanpage.it/la-bufala-della-depenalizzazione-dei-reati-da-parte-del-governo-renzi/#ixzz3N7cPmWV5
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