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The Council of Ministers approved the new security and immigration law. There are many news regarding the measures taken by the former Interior Minister. No more millionaire fines to NGOs and the reception system is expanded, introducing the special protection regime. Here comes the daspo of the violent nightlife, after Willy’s death. Up to 7 years in prison for those facilitating prisoners in 41bis
The Council of Ministers has given the green light to the decree on security and immigration that rewrites the Salvini decrees. During the meeting, the implementation of the draft decree on “immigration, international and complementary protection” was confirmed. Thus, according to the majority agreement reached in July, the rules that exceed the millionaire fines for NGOs and reform the reception system by introducing, among other things, the special protection regime. Here are all the measurements.
The standard according to the Ong
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Security, green light in the CDM for the decree that annuls Salvini
The new decree on immigration and security represents a marked overcoming of the two Salvini security decrees that, in contrast to the current provisions, foresees a return to the “reception and integration system”. The text of the new immigration decree intervenes on the sanctions related to the prohibition of the transit of ships in the territorial sea. It is expected that, in the event of reasons of public order and security or of violation of the regulations on smuggling of migrants by sea, the prohibition measure will be adopted, at the proposal of the Minister of the Interior, in agreement with the Minister of Defending. and with the Minister of Infrastructure, after informing the Prime Minister. For rescue operations, the prohibition regulations will not apply in the event that there has been communication with the coordination center and the flag State and the instructions of the competent authority for search and rescue at sea are respected. In the event of violation of the prohibition, reference is made to the current regulations of the Navigation Code, which provides for a custodial sentence of up to two years and a fine of between 10,000 and 50,000 euros. Therefore, the administrative sanctions previously introduced are eliminated.
A reception and integration system is born
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Security, recruitment of dl migrants: stop the millionaire fines to NGOs
The decree reforms the reception system for applicants for international protection and holders of protection, with the creation of the new “reception and integration system”. First aid activities will continue to be carried out in ordinary and extraordinary government centers. Subsequently, the System will be divided into two levels of services: the first dedicated to applicants for international protection, the second to those who already have it, with additional services aimed at integration.
Expanded access to special protection for foreigners
With regard to the international protection of foreigners, current legislation prescribes the prohibition of expulsion and return in case the repatriation involves risk of torture for the person concerned. The new immigration decree adds to this hypothesis the risk that foreigners will be subjected to inhuman or degrading treatment and their expulsion is prohibited even in cases of risk of violation of the right to respect for their private and family life. In such cases, the issuance of a residence permit for special protection is foreseen.
The news about the conversion of residence permits into work
Still on the issue of the legal status of foreigners, the new decree on immigration and security also addresses the issue of the convertibility of residence permits issued for other reasons into work permits. In addition to the categories of convertible permits already provided for, those of special protection, calamity, elective residence, acquisition of citizenship or statelessness, sports activity, artistic work, religious reasons and assistance to minors are added.
Squeezed in urban Daspo, fights and web deals
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Safety decree, a “Willy standard” is coming up: this is what it provides
The penalties for the crime of hubbub and the daspo of public places and entertainment are also increased for those who have been denounced or convicted of acts of violence outside a club. A “Willy rule” that increases the penalties for those who have participated in a fight, raising the fine from 309 to 2000 euros and the prison sentence – if someone is injured or killed in the fight – from a minimum of six months to a maximum of six. years (now it goes from three months to five years). For the protagonists of riots or acts of violence, the commissioner can order the daspo from specific premises or public establishments: in case of violation there is a prison sentence of up to two years and a fine of up to 20,000 euros. The so-called “Urban Daspo” is strengthened, enabling the Police Commissioner to apply the prohibition of access to public premises also against subjects who have reported one or more complaints or a non-final conviction, in the last three years, related to the sale or transfer of narcotic or psychotropic substances. Provisions are foreseen to make the exercise of the activities of the National Guarantor of the rights of persons deprived of personal liberty more effective. The blackout mechanism, already used to combat child pornography online, extends to those sites that, based on objective elements, should be considered used for the commission of drug crimes.
Giving a cell phone to a prisoner becomes a crime
deepening
41 bis, which provides the hard prison regime
At the proposal of the Minister of Justice Alfonso Bonafede, the crime is introduced for whoever introduces a cell phone to a prisoner in prison: the penalty ranges between 1 and 4 years for both whoever introduces it and who receives it. In the regime prior to the security decree, the crime resulted in a disciplinary offense sanctioned within the prison. It is explained that the penitentiary police found 1,761 telephones in Italian prisons as of September 30. In practice, 200 per month, more than 6 per day. The phenomenon is growing exponentially: in the first nine months of 2019 there were 1,206 and at the end of September 2018 only 394. For those who facilitate the intern in 41bis to communicate with the outside world (even of a different type than those who have mobile phones) raises the penalty from 1 to 4 years to 2 to 6 years. In cases of aggravated hypotheses (that is, if the crime is committed by a public official, a person in charge of a public service or a person practicing law) the crime goes from 2 to 6 years to 3-7 years.
