CISMAI DOCUMENT ON THE EFFECTS OF THE BILL ON 'TRIAL BRIEF "IN PROCEDURES FOR CRIMINAL OFFENCES AGAINST CHILD
The CISMAI - Italian Coordination of Services against ill-treatment and abuse Childhood intends to launch this a document called on all political and social forces against the approval of the bill, called the process short, about the serious consequences and risks that it would leave unpunished the crimes most frequently committed against children, as described below. The bill "Measures to protect the citizen against the open-ended process, in implementation of Art. And Article 111 of the Constitution. 6 of the European Convention on Human Rights "mean, in fact, introduce a new institution in our legal system as" the limitation of the trial for violation of the terms of a reasonable duration. " This would be an institution required to meet "the right of the accused not to be under the subjection of the process for too long a period of time" by providing statutory maximum terms of duration of the different levels of courts, the passing of which requires the court stage to pronounce sentence of not having to carry "(the report to the bill). Leaving aside considerations of contradictory and unconstitutional the new forecast, it will see what impact the bill, if approved in the text so far known, about the investigation and trial on the "weak", and especially to minors. The bill provides that the extinction of the process is not working for offenses punishable by more than the amount prescribed 10 years' imprisonment (art. 2, para 1). These will then exclusions based on subjective requirements (having given the defendant "a prior conviction to imprisonment for a crime, even if it is rehabilitated" or being the same was declared "delinquent or offender or habitual work "qualifications all very rare in the cases where we deal in this "reflection") as well as exclusions on the basis of objective evidence of crime at issue. In the latter case are excluded from extinction (for what concerns the procedures for crimes against children):
] crimes of child pornography under Article 600-ter of the Criminal Code ";
]" the crime of persecution expected Article 612-bis of the Criminal Code "
] crimes under article 407, paragraph 2, letter a) of the Code of Criminal Procedure" and so, for what concerns us here, the crimes provided for in Articles. 600, 600bis, paragraph 1, 600ter, paragraph 1, 601, 602, exacerbated in cases provided for in Article 609bis. 609ter, 609quater, 609octies of the Criminal Code (Article 407, paragraph 2, lett. A) No. 7a) Criminal Code).
The first immediate consequence is the exclusion from the list of offenses for which not covered by the new institution of the offense under Article. 572 Criminal Code (abuse in the family), except in cases where the conduct of mistreatment have been produced in the victim "serious injury" or "death" (second and third sentence of paragraph 2 of art. 572 cp because the applicable penalty for the determination of the art. 157 cp). This "choice" legislation is all the more contradictory when you think of the express exclusion of the operation of the new institute of the crime of stalking (art. 612bis Penal Code), which is - where the conduct incorporating the aggravating circumstance of the second paragraph ("If the crime is committed by a spouse or legally separated or divorced person who has been linked to emotional relationship to the victim ") - in fact the continuation of the crime of abuse. Ultimately, if the action takes place in persecuting the family and between married couples, the process is terminated (unless the victim has suffered an injury to his integrity, consisting of a very serious injury - art. 583, paragraph 2 cp - or is derived from the fact the death of the victim), but if you place between former spouses or former cohabitants, however, (regardless of the result of mental or physical conduct), the process terminates. Are excluded from the list of offenses for which the process is not extinguished, the offenses called "minor", but a particularly negative value and significance for anyone who cares about the fate of children, specifically:
- breach of the obligations of family support, which includes the conduct of those who "squander the misappropriation of funds or assets of the minor child" and who "is lacking the means of subsistence to the descendants of age the child" (art. 570 cp);
- abuse of the means of correction and discipline, even in aggravated cases of personal injury or death consequence of conduct (art. 571 cp);
- people unable to abduction (art. 574 cp);
- abduction and detention of children abroad (Article 574bis Criminal Code);
- abandonment of minors or incompetent persons, even in aggravated cases of personal injury or death, the consequences of conduct (art. 591 cp);
- the vast majority of crimes of aggression to physical safety, mental and moral of children: beatings (art. 581 cp), personal injury or severe (Articles 582, 583 of the Criminal Code are not serious), culpable homicide (art. 589 cp), the omission of emergency (art. 593 cp), private violence (art. 610 cp), threat (art. 612 cp), etc. ..
E 'also curious how "Convenga" author of aggression (which are derived from personal injury or death) declare that he wanted to make the conduct of abuse under Art. 571 cp or abandonment of art. 591 cp to see a process terminated otherwise does not extinguish. Also included within the category of crimes for which provision is applicable on lapse of the process:
- the corruption of a minor (art. 609quinquies cp);
- much of the crime of child pornography art. 600ter Criminal Code, specifically subparagraphs 3 (for which punishes "anyone .... by any means, including electronically, distribute, disclose, disseminate or advertise pornography "produced using minors eighteen years of age" or distributes or disseminates news or information aimed at soliciting or sexual exploitation of children eighteen years of age) and 4 ° Criminal Code (which punishes "anyone ... or transfer to other offers, including free of charge, the pornographic material" above);
- much of the crime of child prostitution art. 600bis, specifically paragraphs 2 ° (which punishes anyone who performs sexual acts with a child aged between fourteen and eighteen, in exchange for money or other benefits economic) and 3 (for punishing the same conduct when it made "against the person who has not completed his sixteen years") cp;
- possession of child pornography and art. 609quater;
or crimes that have an objective, entertaining and significant danger to society and to the policy which determined the effects on persons offenses (real or potential).
It should be noted how unique the content of the statements on the bill, made Nov. 19 by U.S. Attorney General in the Chamber of Deputies, to the extent that an estimated impact on the application of the rule about the extent of the process' 1%. If it were true - as claimed Minister - that the reform would cover only one percent of the processes (as, unfortunately, far from the most optimistic estimate), then it would be incomprehensible to the haste in approving the bill, unless the targets are not different than the collective interests, and among them also to the interests of the child. The CISMAI the light of the above considerations, expresses its deep concern over the text of the bill that would, among its consequences, the effect of decriminalizing most of the crimes committed against children, especially those relating ill-treatment, undermining the whole process of protection and care of the minor, conflicting with the principle of certainty of punishment for offenders against children on which the CISMAI always fights.
(www.cismai.org)
