Decree-Law 23 February 2009, n. 11

“Urgent measures concerning public security and combat sexual violence, as well as’ in terms of persecution,” 
published in the Official Gazette no. 45 of February 24, 2009

CHAPTER I 
Provisions relating to sexual violence, expulsion execution and control of the territory

Art. 1. 
Amendments to the Criminal Code

1. In Article 576, first paragraph, of the Criminal Code, the following changes are made: 
a) n. 5) and ‘replaced by the following:’ 5) of anybody during the commission of offenses under Articles 609-bis, 609-quater and 609-g; »; 
b) after the number 5) and ‘inserted as follows: “5.1) provided by the author of the crime in Article 612-bis; ».

Art. 2. 
Amendments to the Criminal Procedure Code

1. Code of Criminal Procedure, the following changes are made: 
a) Article 275, paragraph 3, the words “Article 416-bis of the Criminal Code or to crimes committed under the conditions laid down by that article 416-bis or in order to facilitate the activities of the associations provided in that Article ‘are replaced by the following: “Article 51, paragraph 3-bis and 3-quater as well’ with regard to the crimes referred to in articles 575, 600-bis , first paragraph, 600-ter, excluding the fourth paragraph, 600-d, 609-bis, excluding the case of the third paragraph, 609-c and 609-g of the penal code, ‘;
b) Article 380, paragraph 2, after subparagraph d) and ‘inserted as follows: “d-bis) of sexual violence a crime under Article 609-bis, excluding the case of the third paragraph, and the crime of violence sexual group provided by Article 609-octies of the penal code; ».

Art. 3. 
Amendments to the Law of 26 July 1975 n. 354

1. In paragraph 1 of Article 4-bis of Law 26 July 1975, n. 354, the following modifications have been made: 
a) the first period, after the word: “600,” the following are inserted: “600-bis, first paragraph, 600-ter, first and second paragraphs,” and after the word: “602” are inserted as follows: ‘, 609-bis, excluding the case of the third paragraph, 609-b, 609-c, first paragraph, 609-g’; 
b) in the fourth period, the words: “600-bis, first paragraph, 600-ter, first and second paragraph, 600-d, 609-a, 609-b, 609-c, 609-g ‘shall be replaced by the following : “600-bis, second and third paragraph, 600-ter, third paragraph, 600-d and 609-quater, second paragraph.”

Art. 4. 
Amendments to the consolidated text of the decree of the President of the Republic May 30, 2002, n. 115

1. Article 76 of the consolidated laws and regulations with regard to legal costs, pursuant to the Decree of the President of the Republic May 30, 2002, n. 115, after paragraph 4-bis and ‘added the following: 
“4-ter. The victim of the offenses referred to in Articles 609-bis, 609-quater and 609-octies of the Criminal Code may be permitted to practice as an exception to the income limits laid down by this decree.. “

Art. 5. 
Execution of expulsion

1. In paragraph 5 of Article 14 of the consolidated provisions governing immigration and the status of foreigners, pursuant to Legislative Decree 25 July 1998, n. 286, are added, in order, the following periods: “After that time, in case of non-cooperation on the return of third-country national concerned or delays in obtaining necessary documentation from third countries, the commissioner may ask the court to the peace of detention extended for a further period of sixty days. If the conditions persist in the previous period, the Police may ask the court for a further extension of sixty days. The maximum period of detention overall can not be greater than one hundred and eighty days. The commissioner, however,

2. The provisions of paragraph 1 shall apply to citizens of non-EU Member States although already detained in identification and expulsion centers on the entry into force of this decree.

Art. 6. 
Extraordinary Plan of territorial control

1. In order to prepare a special plan to control the territory, in paragraph 22 of Article 61 of the Decree-Law of 25 June 2008, n. 112, converted with amendments by Law 6 August 2008, n. 133, which authorized the Police Forces and the Corps of firefighters perform, in exception to the current legislation, assumptions within the spending limit equal to 100 million euro per year, the words “by the President of the Republic, to be issued by April 30, 2009 “, contained in the third period of that paragraph 22, they are replaced by the following:” by the President of the Republic, to be adopted on a proposal of Ministers for public administration and innovation, the interior and economy and Finance, by 31 March 2009 ‘.

2. Pending the adoption of the decree pursuant to the fourth sentence of paragraph 23 of Article 61 of the Decree-Law of 25 June 2008, n. 112, converted with amendments by Law 6 August 2008, n. 133, as amended, for confiscation related resources paid into the state budget after the date of entry into force of that decree-law are immediately reallocated, 100 million euro for 2009, to be withdrawn share referred to in Article 2, paragraph 7, letter a) of the decree-law of 16 September 2008, n. 143, converted with amendments by Law 13 November 2008, n. 181, to the urgent need to protect public safety and public aid, the Ministry of Interior and in the limit of 3 million euro for 2009, to support and promote the country projects to assist victims of sexual violence and gender, the National Fund against sexual and gender based violence in Article 1, paragraph 1261, of the law 27 December 2006 n. 296.

3. The statutory auditors, subject to agreement with the prefect, may secure the cooperation of associations between unarmed citizens in order to report to the Police Force of the State or local events that could cause damage to urban safety or social hardship.

4. Associations are entered in a special list kept by the prefect, after verification by the same, felt the provincial committee for order and public safety, the requirements provided for by the decree referred to in paragraph 6. The Prefect provides also, their monitored regularly informing the Committee of the results.

5. Among the organizations included in the list referred to in paragraph 4 of the mayors they shall, as a priority, to those formed between members, on leave, the police, the armed forces and other state bodies. The associations other than those referred to in this paragraph shall be added to the lists only if they are not the addressees, in any way, of economic resources from public finance.

6. Decree of the Minister of the Interior, to be taken within sixty days from the date of entry into force of the law converting the present decree, are determined by the operational areas of the provisions of paragraphs 3 and 4, the requirements for registration the list and shall govern the procedures for keeping the relevant lists.

7. For the protection of urban safety, municipalities can use video surveillance systems in public places or places open to the public.

8. The preservation of data, information and images collected by the use of video surveillance systems and ‘limited to the seven days following the detection, without prejudice to special needs for further preservation.

CHAPTER II 
Provisions on stalking

Art. 7. 
Amendments to the Criminal Code

1. After Article 612 of the penal code and ‘insert the following: 
“Art. 612-bis (persecutory acts). – Unless the act constitutes a serious crime, and ‘punished with imprisonment from six months to four years anyone with conducted repeated, threatening or harassing anybody so as to cause a continuing and serious state of anxiety or fear, or give rise to a founded fear for themselves or a close relative or a person related to the same emotional relationship or to force the same to alter their living habits. 
The punishment ‘increased if the act’ committed by a spouse legally separated or divorced or person who has been linked to emotional relationship to the victim.
The punishment ‘increased by up to half if the act’ committed against a minor, a woman pregnant or a person with disabilities in Article 3 of Law 5 February 1992, n. 104, or with weapons or a person misrepresented. 
The crime and ‘punished complaint of the victim. The period for bringing the lawsuit and ‘six months. However, it is automatic if the act ‘committed against a minor or a disabled person referred to in Article 3 of Law 5 February 1992, n. 104, as well as ‘when the fact and’ connected with another crime for which it must carry out an office.. “

Art. 8. 
Caveat

1. Until and ‘proposed lawsuit for the offense under Article 612-bis of the Penal Code, introduced by Article 7, the victim may give the facts to the public safety advancing request to the superintendent of warning against the author of the conduct. This inquiry ‘transmitted without delay to the commissioner.

2. The superintendent, hired if necessary information from investigative bodies and hearing the people informed of the facts, if it considers the request founded, verbally warns the person to whom and ‘requested the measure, inviting him to behave in accordance with the law and drawing up the minutes. Copies of the minutes, and ‘the warning issued to the applicant and to the person warned. The Commissioner assesses for the adoption of measures on arms and ammunition.

3. The penalty for the offense referred to in Article 612-bis of the Penal Code and ‘increased if the act’ committed by the subject already warned pursuant to this article.

4. We shall proceed to the planned crime by Article 612-bis of the Penal Code if the act ‘committed by the subject himself booked under this article.

Art. 9. 
Amendments to the Criminal Procedure Code

1. Code of Criminal Procedure, the following changes are made:

a) after Article 282-bis of the following is inserted: 
«Art. 282-b (Prohibition of approach to the places frequented by the victim). – 1. With the decision ordering the restraining order the judge prescribes the accused not to approach certain places usually frequented by the victim or to maintain a certain distance from such sites or the victim. 
2. Where there is more need for protection, the court may prescribe the accused not to approach certain places usually frequented by close relatives of the victim or persons cohabiting with or otherwise linked to emotional relationship or to maintain a certain distance from these places or by such persons.
3. The court may also prohibit the accused to communicate by any means, with the persons referred to in paragraphs 1 and 2. 
4. When the attendance of the places referred to in paragraphs 1 and 2 is necessary for business reasons or for housing needs, the judge lays down the detailed rules and may impose limitations.

“Art. 282-c (Reporting obligations). – 1. The provisions of Articles 282-bis and 282-ter are communicated to competent public safety authority, for the purposes of adoption of the measures on arms and ammunition. They are also communicated to the injured party and the social services of the territory. ‘

b) Article 392, paragraph 1-bis and ‘replaced by the following: 
“1-bis. In proceedings for the crimes referred to in articles 572, 609-a, 609-b, 609-c, 609-d, 609-g, 612-bis, 600, 600-bis, 600-ter, although relative to the material pornography referred to in Article 600-quater 1, 600-d, 601 and 602 of the penal code the prosecutor, also at the request of the victim or the person under investigation may request to proceed recorded beforehand the testimony of a minor person or the person’s age offense, even outside of the cases in paragraph 1. ‘;

c) In paragraph 5 of Article 398-bis: 
1) the words “and 609-g ‘is replaced by the following:”, 609-g and 612-bis “; 
2) the words: “you are under the age of sixteen ‘is replaced by the following:” There are minors “; 
3) the words: “when the needs of the child ‘are replaced by the following:” when the protection of persons needs’; 
4) the words: “the dwelling of the same minor” are replaced by the following: “the dwelling of the person concerned taking the test”;

d) Paragraph 4 of Article 498-ter: 
1) the words “and 609-g ‘is replaced by the following:”, 609-g and 612-bis “; 
2) after the words “the examination of the child victim,” the following is inserted: “or the age of unsound mind the offense.”

Art. 10. 
Amendment to Article 342-ter of the Civil Code

1. Article 342-ter, third paragraph of the Civil Code, the words: “six months” are replaced by the following: “a year.”

Art. 11. 
Measures in support of victims of the crime of persecution

1. Law enforcement, the health centers and public institutions that receive news from the victim of the crime of persecution, referred to in Article 612-bis of the Penal Code, introduced by Article 7, have the obligation to provide the victim all the information relating to anti-violence centers in the area and, in particular, in the victim’s residence. The police, the health centers and public institutions shall contact the victim with anti-violence centers, if specifically requested.

Art. 12. 
Toll

1. At the Prime Minister’s Office – Department for Equal Opportunities and ‘established a national hotline for victims of stalking, operating round the clock, with the aim of providing, within a price range indicated in paragraph 3 of Article 13, a service of first psychological and legal assistance by personnel with the appropriate skills, as well as’ to communicate promptly, in cases of urgency and upon request of the victim, to the competent law enforcement reported the stalking . 
CHAPTER III 
Final provisions

Art. 13. 
Financial coverage

1. The costs arising from Article 5 valued at € 35 million for the year 2009, EUR 87.064 million for the year 2010, € 51,467,950 for 2011 and 55,057,200 euro as since 2012, of which EUR 35 million for 2009, EUR 83 million for 2010, EUR 21.05 million for the year 2011 for the construction and renovation of the Centers for identification and expulsion, it orders:
a) as to 35,000,000 Euros for 2009, € 64,796,000 for 2010 and 48,014,000 euro in force from 2011, by a corresponding reduction of the allocation of the special current account down in writing, to for the three years 2009-2011, under the ‘Special reserve Funds’ mission’ funds to be distributed “to the estimates of the Ministry of economy and Finance, for the year 2009, in order using provisions referred to in the attached Table 1;
b) as to EUR 3.58 million for the year 2010, by a corresponding reduction of the capital appropriation entered for the triennial budget 2009-2011, under the ‘Special Reserve Funds’ mission’ funds to be distributed “the estimates of the Ministry of economy and Finance, for 2009, for the purpose using the provisions set out in the attached Table 2; 
c) as to 18.688 million euro for 2010, € 3,453,950 for 2011 and € 7,043,200 from the year 2012, by a corresponding reduction of the fund allocation for structural economic policy Article 10, paragraph 5 of the decree-law of 29 November 2004 n. 282, converted with amendments by Law 27 December 2004 n. 307.

2. The Minister of Economy and Finance will monitor the charges referred to in Article 5, also for the adoption of corrective measures referred to in Article 11-ter, paragraph 7, of the law 5 August 1978 n . 468, as amended. Any orders adopted pursuant to Article 7, second paragraph, number 2) of Law no. 468 of 1978, before the date of entry into force of the measures referred to in this paragraph shall be promptly forwarded to the Chambers, accompanied by relevant explanatory reports.

3. For the purposes of Article 12 and ‘authorized annual expenditure of € 1,000,000 from the year 2009. The costs shall be covered by the authorization to use the expenditure referred to in Article 19, paragraph 3, of the decree-law of July 4, 2006, n. 223, converted with amendments by Law 4 August 2006, n. 248, as restated in Table C attached to the law 22 December 2008, n. 203.

4. The implementation of the remaining provisions of this Decree shall not entail new or increased burdens on public finances.

5. The Minister of Economy and Finance and ‘authorized to issue, by decree, the necessary budgetary changes.

Art. 14. 
Entry into force

1. This Decree shall enter into force on the day following that of its publication in the Official Gazette of the Italian Republic and will be presented to both Houses for the conversion into law.


link to the official text of the Decree-Law 23 February 2009, n. 11