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Among the limitations provided by the Christmas decree, issued on December 18, there is also the one not to host in the own living place more than two people who do not live together. The goal is to avoid gatherings even in Italian homes, perhaps with extended family gatherings and celebrations. However, what is not clear is what will be done to prevent these rules from being broken. The chapter on controls, in fact, is anything but defined on the subject of home visits. The Interior Minister, Luciana Lamorgese, also spoke about it in an interview with the national newspaper, responding to a question about the fact that there will be no checks in private homes, as the Prime Minister mentioned. Lamorgese’s point is: “What happens if a neighbor calls the police?“. The minister does not respond directly, but asks for responsibility and talks about the controls that the police will carry out.”with professionalism and balance, but those who adopt a casual behavior that puts the health of others at risk will be sanctioned with the greatest severity“Therefore, it is not a real clarification.
The Prime Minister also focused on the issue, presenting the decree at the press conference, Giuseppe Conte. Even then, however, the answer had been quite confusing. “A liberal-democratic system does not send the police to the house to check what they are doing in the house.”He said firmly. But, because there is a but, this one “unless there is a flagrant crime, which is the suspicion that a crime is being committed“. In that case there is”the elements to intervene“Conte assured that”we do not enter Italian houses“Also because the ban”it was conceived as a limit to the movement of people“Basically, the controls will focus above all on the prohibition to travel, rather than on welcoming two non-cohabitants.
Prohibition of home visits, which is established in the decree
The decree law establishes that on holidays and days before holidays (therefore also on December 24 and 25), it is allowed “moving into a single private home, once a day”, And always between 5 and 22. For these trips, however, there is also the limit “of two people more than those who already live together, in addition to those under 14 years of age”, Disabled or not self-sufficient people. The Faq published by the government reiterates that it will be possible “visit family or friends up to a maximum of two people“However, the reference to what cannot be done inside the houses is clear: you cannot accommodate more than two people who do not live together in your own private house. But how will the controls be carried out in individual households ?
Controls in homes: the plans of some cities
Controls in private homes by law enforcement agencies are not always prohibited by law, but must be justified. There seems to be no doubt that the agents can intervene in the event that neighbors report, for example, a possible crime inside a house. Thus, in some cities special plans have been drawn up for intervention in private homes. TO RomeFor example, the police may hit private homes, as decided during the meeting of the security and order committee. Interventions, however, only on call: no random checks in the capital. The local police have already said that they are ready to intervene in case of reports: “They will not randomly ring the bell, but if there are reports of irregular parties and news of crime, city agents are ready to intervene in the houses. Even at Christmas and New Years”Said Paolo Ferrara, delegate of the local police of the metropolitan city of Rome.
In addition, officers will be able, on their own initiative, to intervene in the event that they see something suspicious: for example, a particularly high influx of people. It seems to follow a similar line, for example, too Venice, where a team has been appointed to supervise private homes: if there are complaints of private parties, explains Gazzettino, the agents will intervene, ring the bell and carry out the necessary controls.
Home checks: what the law says and what the police can do
Conte explained that the agents will only intervene in case of reports of the flagrant crime. What do you mean? Here the clarification is fundamental: flagrancy of a crime occurs only in the case in which – as the word itself says – there is suspicion of a crime. And failure to comply with the prohibition of meetings or the rules regarding home visits is not a crime, but only involves administrative sanctions. An administrative offense, therefore, is not sufficient to justify home control. However, it must be said that in some cases failure to comply with these rules may constitute a crime. When? For example when a false self-certification is presented: in that case the police, to check if you are in front of the misrepresentation crime, you can perform more checks. Even inside the houses.
We are facing a crime and, consequently, with the possibility of carrying out controls also in homes to check the possible flagrancy of the crime, when a person violates quarantine or fiduciary isolation. In this case, the police could enter the houses if they need to verify that a person is in a different department than the one to be quarantined. The police, however, will not carry out home controls without the risk of flagrante delicto, as Girolamo Laquaniti, from the Functional Association of the National Police, also explained to La7: “Article 14 of the Constitution will prevent the forces of order from carrying out controls to see if it complies with the recommendation. Conte himself said that the police can only intervene in the criminal act. In other words, the police only intervene when there is noise or behavior to disturb the order, in that case it is a criminal offense, but they intervene as has always been done.“So, even at Christmas, interventions at home, yes, but only in the event that there is a concrete suspicion that a crime is taking place inside a private home.
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