PROPOSAL OF REFORM IN THE MATTER OF CERTAINTY OF PUNISHMENT

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SUMMARY

The Addiopizzo Catania Onlus Association, aware that the efforts of the Judiciary System and the law enforcement agencies are now, in fact, wiped out by a Processual-penal and penitentiary system that doesn't guarantee both the certainty of punishment, and the effective rehabilitation of the convicted.

 

WHEREAS

  • That a victim of crimes now receives a much lower protection than that provided to the offender;
  • That the process of re-education of the convicted are fundamental in a civilized country like ours;
  • That there is a need to devote more financial resources for the planning, training and recruitment of staff necessary to a concrete and effective rehabilitation of the offender, in and out of prison;
  • That there is a urgent need to resolve the problematic situation of Italian prisons. That could be done through the increase of prisons construction, which also passes through the recovery and reuse of disused but already existing buildings, and through bilateral agreements with foreign states from where non-EU citizens come in large numbers filling the prisons.

 

That said, the association Addiopizzo Catania Onlus

 

REQUESTS

  1. To amend the rules of the Penal Code, the Code of Criminal Procedure and the Penitentiary System, as more fully set out in the document attached, in order to ensure the certainty of punishment and in particular:
  2. To prevent that repeat offenders, fugitives, escaped, accused and/or convicted of crimes against the lives of people, in terms of organized crime and terrorism, as well as sexual violence, access to any privilege in terms of process and prisons, as eg. the plea agreement, the summary procedure, the conditional release of punishment and similars
  3. To amend the rules regarding granting of suspended sentence and the minimum penalty required for the request of probation and for conditional release
  4. To make inapplicable the discipline on continued criminal offense and the formal complicity in crimes in case of mafia crimes
  5. To force the fugitive to refund the State for expenses incurred for his capture (costs for wiretaps, environmental and video interceptions) and if this is not possible, to switch these expenses in corresponding periods of detention
  6. To remove the prohibition of reformatio in peius on appeal
  7. To introduce the effective prohibition on the prescription of crimes in appeal or cassation status upon conviction of the accused at first instance
  8. To change the rules on precautionary measures
  9. To allow the application of pre-trial detention to those condemned to penalties higher than 3 years, instead than 5 years
  10. To increase the minimum prescribed for penalties related to crimes commonly perceived as more serious, such as those against human life, public administration, heritage etc .;
  11. To increase the penalties expected for the attempt.

 

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