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Caivano decree: here are the main measures of the text approved by the Senate

The objective is to combat youth hardship, educational poverty and juvenile crime

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The text of the decree containing "urgent measures to combat youth hardship, educational poverty and juvenile crime, as well as for the safety of minors in the digital environment", the so-called decree Caivano, just approved at first reading by the Senate, with the confidence placed by the government, consists of 16 articles. Among the main measures, a government amendment regarding supervision of the fulfillment of compulsory education, with more significant sanctions for parents who do not take care of their children's compulsory education. Bipartisan amendment is the one that contains provisions for verifying the age of majority for accessing pornographic sites. Further amendments to strengthen the law were then approved cybersecurity, as well as the measure that introduces the establishment of the observatory on the suburbs and further provisions for the strengthening of the administrative capacity of the municipality of Caivano. On the security front, with article 4 the penalties are toughened for the crimes of illegal carrying of weapons and instruments capable of offending, for which a license is not permitted and with article 6 the regulation of the juvenile criminal trial regarding precautionary and precautionary measures. Article 8 introduces the minor's re-education process. The new provision provides that in the case of crimes punished with a prison sentence not exceeding a maximum of five years or with a financial penalty, alone or combined with the aforementioned penalty, the public prosecutor may order and notify the minor of a request for early settlement of the proceedings . Article 9 then modifies Legislative Decree no. 121 of 2018, regulating the execution of sentences against minors and establishing that the over-twenty-year-old prisoner interned in a juvenile penal institution for crimes committed as a minor can be transferred to a prison institution for adults, if he is responsible for behavior that causes disturbance of order and safety in the juvenile institution or uses violence or threats or generates a state of subjugation in other prisoners. The rule also applies to prisoners over the age of eighteen who adopt similar behaviour.


And again with the Caivano decree the possibility is introduced of transferring to a prison institution for adults the prisoner who has reached the age of twenty-one and is serving a sentence in an institution for minors for crimes committed before reaching the age of majority, the conduct is incompatible with the needs of order and safety within the juvenile institution. Article 12 deals with strengthening compliance with compulsory education, providing for the inclusion in the Criminal Code of article 570-ter, concerning the crime of failure to comply with compulsory education for minors. As regards the use of drugs, amendment 4.12 modifies article 73 of the consolidated law on the regulation of narcotics and psychotropic substances, prevention and rehabilitation treatment from the related states of drug addiction, which provides that anyone who commits acts considered of a minor nature is punished with imprisonment from eighteen months to five years and a fine from 2.500 to 10.329 euros, when the conduct is of a non-occasional nature. While amendment 4.101 introduces the new "crime of paving", which in this case materializes in the behavior of anyone, with the aim of instilling public fear, stirring up tumult or public disorder or attacking public safety, detonating shots or bombs or other explosive devices or materials. This crime is punished, if the fact does not constitute a more serious crime, with imprisonment from three to eight years. The case was already a crime, but in this case it is regulated and regulated with a specific rule and the sentence is increased.

In the context of juvenile services, it is envisaged that at every stage and level of the proceedings the judicial authority will make use, without new or greater burdens on public finances, of the juvenile services of the administration of justice and of the social assistance and health services established by local authorities and the National Health Service. And again the provision provides that when the precautionary needs are aggravated, the judge, at the request of the public prosecutor, can order the replacement of the measure applied with precautionary custody, in the cases permitted by article 23 (article modified by the decree-law), which expands the catalog of crimes for which precautionary custody is applicable pursuant to Presidential Decree no. 448 of 1998 (which regulates the juvenile criminal trial). It is then established that a series of particularly serious criminal cases are excluded from the application of probation, such as aggravated murder, sexual and gang violence, limited to specific aggravating circumstances, and robbery aggravated by some specific circumstances.

On the path to re-education of the minor, the Caivano decree provides that during the preliminary investigations the prosecutor, if proceeding for crimes with a penalty of up to five years or a joint pecuniary penalty and if the facts are not particularly serious, can notify the minor, the parent or anyone for it a proposal for an early settlement of the procedure, subject to the condition that the minor accesses a path of reintegration and civic and social education. This path involves socially useful work, free collaboration with third sector bodies or the carrying out of other activities for the benefit of the community to which they belong for a period ranging from two to eight months. Once the period of suspension of the trial has expired, taking into account the boy's behavior, the judge declares the crime extinguished; otherwise, he returns the documents to the public prosecutor.

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