NCJ Number
64573
Journal
Questione Criminale Volume: 3 Issue: 3 Dated: (SEPTEMBER-DECEMBER 1977) Pages: 361-404
Date Published
1977
Length
44 pages
Annotation
THE 1977 REFORM OF THE ITALIAN CRIMINAL LAW AND THE INTRODUCTION OF EMERGENCY LEGISLATION IN RESPONSE TO TERRORIST ATTACKS AND CRIMES OF UNPRECEDENTED VIOLENCE ARE CRITICIZED FROM A RADICAL CRIMINOLOGIST'S PERSPECTIVE
Abstract
THE EMERGENCY LAWS OF 1977 REPRESENT A COUNTER-REFORMATION IN THE JUDICIAL AND CORRECTIONAL FIELDS: THEY NULLIFY THE FEW, RELATIVELY PROGRESSIVE MEASURES WHICH REPRESENTATIVES OF THE SOCIALIST PARTIES HAD MANAGED TO PASS AMID VEHEMENT OPPOSITION BY ALL THE REACTIONARY FORCES. THE MOST ALARMING FEATURE OF THIS NEW ONSLAUGHT ON HARD-WON POLITICAL AND HUMAN RIGHTS IS THE LACK OF OPPOSITION FROM EVEN THE MEMBERS OF AN INCREASINGLY ACQUIESCENT AND BOURGEOIS LEFT. THE NEW MEASURES WILL NOT ELIMINATE VIOLENCE AND TERRORISM, BUT WILL GO A LONG WAY TOWARD TURNING ITALY INTO A POLICE STATE. AMONG THE VARIOUS LAWS, ARE THE PLACING OF ALL CORRECTIONAL INSTITUTIONS UNDER MILITARY SECURITY TO PREVENT ESCAPES AND PRISON DISORDERS; AUTHORIZING THE USE OF FIREARMS AND DEADLY FORCE BY A MEMBER OF CORRECTIONAL STAFFS (INCLUDING FEMALE GUARDS AT WOMEN'S PRISONS) IN ANY SITUATION DEEMED DANGEROUS; THE REINSTATEMENT OF MAXIMUM SECURITY INSTALLATIONS, LOCATED IN REMOTE AND INACCESSIBLE PLACES, TO HOUSE INMATES CONSIDERED DANGEROUS (ESPECIALLY POLITICAL PRISONERS), IN OPEN VIOLATION OF ALL EXISTING (AND NEVER ABROGATED) PENAL LAWS ON THE RIGHTS OF PRISONERS; THE CURTAILMENT, OR TOTAL ELIMINATION, OF ANY TYPES OF PRISONER FURLOUGHS. THE NEW EMERGENCY LEGISLATION WILL ALSO CURTAIL THE RIGHTS OF DEFENDANTS IN COURT PROCEDURES BY ENABLING JUDGES TO ORDER THE ARRAIGNMENT OF CITIZENS WITHOUT PRIOR NOTIFICATION AND WITHOUT THE PRESENCE OF A COURT-APPOINTED ATTORNEY. INDEFINITE PRETRIAL AND PREVENTIVE DETENTION TERMS ARE REINSTATED. EXPANDED INTERNATIONAL AGREEMENTS ON THE EXTRADITION OF PERSONS ACCUSED OF CRIMES AGAINST DIPLOMATS (RANGING FROM ASSASSINATION TO VERBAL THREATS) HAVE BEEN SIGNED. DEFENSE LAWYERS CAN NOW BE DISBARRED FOR INADMISSIBLE COURTROOM BEHAVIOR (VAGUELY DEFINED), AND ARE THUS PREVENTED FROM EFFECTIVELY DEFENDING THEIR CLIENTS IN COURT. THE POLICE ARE GIVEN PRACTICALLY UNLIMITED DISCRETION TO ARREST CITIZENS ON SUSPICION, EVENT TO 'INVITE' TO THE POLICE STATION ANY PERSON WEARING A 'DISGUISE' (E.G., A CRASH HELMET, A TURNED-UP COLLAR, OR EVEN A BEARD) TO ASCERTAIN HIS IDENTITY. POLICE ARE ALLOWED TO QUESTION SUSPECTS WITHOUT INFORMING THEM OF THEIR RIGHTS AND WITHOUT AN ATTORNEY BEING PRESENT, AS REPRESSIVE MEASURE IS THE COMPULSORY HOSPITALIZATION AND TREATMENT OF ANY INVIDUAL WHO, IN THE OPINION OF A PRACTICING PHYSICIAN, IS DANGEROUSLY ILL OR IS A PUBLIC HEALTH HAZARD. --IN ITALIAN. (LGR)