Coronavirus, Bonafede’s decree to bring the mafia back: “Reassess well at home for a health emergency in 15 days. Even earlier if there are correctional facilities or adequate wards in the hospital”

A rule for the “all inside“Written to remedy a situation emergency. The government is ready to approve the decree of the Alfonso Bonafede aiming to go back to jail i 376 gangsters released in the last few weeks. They are all detained at 41 bis and in high security regimes that have obtained house arrest thanks to to the health emergency. The draft of the draft prepared in recent days in via Arenula is on the table of the Council of Ministers, which began shortly after 10 p.m. on Saturday. A four-page, seven-article rule that basically dictates Supervising judges of reevaluate in 15 days if the related reasons still exist to the health emergency. It is on the basis of the risk of contagion if the judges allowed the mafia, the alleged bosses, the murderers and the drug traffickers to be arrested at home. But not only that. The decree also includes new rules on prison talks to prevent Covid-19 infection. Sources in via Arenula confirm that the content of the decree was communicated before Quirinale. Constitutional concerns had arisen from many sides, after the security guard’s announcement three days ago. For this reason, the President of the Republic, not only guarantor of the Constitution but an academic constitutional expert, was informed in advance.

Within 15 days, review the reasons for the home authorization: The decree modifies the rules regarding the granting of house arrest and the penalty of deferment for those convicted of terrorism, the mafia and for all crimes intended to facilitate mafia associations and for those found in 41 bis. In detail, there are three basic articles. Number 2 says that the “surveillance magistrate or the supervisory court that adopted the measure, having obtained the opinion of the District attorney against the mafia the place where the crime was committed and the National Prosecutor for the Fight against the Mafia and Terrorism for convicted persons and interns who are already subject to the regime mentioned in article 41 mentioned above.Bis, evaluates the permanence of the reasons related to the health emergency within the period of fifteen days from the adoption of the provision and, subsequently, monthly. The evaluation is carried out immediately, even before the terms indicated above expire, in the event that the Department of Prison Administration communicates the availability of prison structures or protected medicine departments appropriate to the health conditions of the prisoner or inmate admitted to home detention or to use of postponement of sentence. “Translated means that the magistrate must first obtain the opinion of the prosecutor of the place where the crime was committed and of the National anti-mafia prosecutor. And then assess whether the conditions for home detention still exist, that is, whether the reasons related to the health emergency have changed. The evaluation will also be done “immediately” before 15 days , in the event that Dap communicates the availability of prison structures or protected medicine rooms appropriate to the prisoner’s health conditions. And this evaluation will be reviewed every thirty days. How does the magistrate know if the conditions of the health emergency have changed? “Hey, read the decree, the regional health authority, in person of the President of the Regional Council, about the local health situation.” The provision by which the judicial authority revokes the house arrest or the postponement of the sentence will be immediately required “

Pre-trial detention, prosecutors will request restoration. For defendants in pretrial detention, however, the decree requires the prosecutor to request the judge ” restoration of pretrial detention in prison, if you consider that the original precautionary requirements remain “when” you acquire elements about change in conditions occurred who justified the replacing the precautionary measure or the availability of prison structures or protected medicine departments appropriate to the defendant’s health conditions. “In summary: in the coming days, prosecutors will turn to the surveillance courts to request a review of the granting of house arrest for many defendants Released in recent weeks. These provisions are not only valid for detainees released during an emergency coronavirus, but also for others. “For the measures referred to in the previous period – the decree governs – already issued on the date of entry into force of this decree, the period of fifteen days begins from the date of entry into force of this decree.”

In jails you also speak in presence: Another article is about prisoner conversations with family members. “To allow compliance with hygienic-sanitary conditions adequate to avoid the risk of spreading Covid-19, it is always read in the decree, in jails and in penal institutions for minors, from May 19, 2020 until June 30, 2020, interviews with relatives or with other persons to whom the convicted, interned and accused are entitled may be carried out remotely, through, wherever possible, equipment and connections available for prison and youth administration or by telephone correspondence. “But conversations can also take place. in presence. “The director of the penitentiary institution and the penal institution for minors, continues the decree, having heard, respectively, the regional administrator of the penitentiary administration and the director of the juvenile justice center, as well as the regional health authority in person of the The President of the Regional Board establishes, within the limits of the law, the maximum number of conversations to be held with presence modewithout prejudice to the right of those convicted, interned and accused of at least one interview per month in the presence of at least one relative or another person. “

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