NCJ Number
64465
Journal
Questione Criminale Volume: 4 Issue: 2 Dated: (MAY-AUGUST 1980) Pages: 317-327
Date Published
1978
Length
11 pages
Annotation
A PERCEIVED REGRESSIVE TREND IN ITALIAN CRIMINOLOGICAL AND PENOLOGICAL POLICIES, EXEMPLIFIED BY THE REALE LAW (SO CALLED FROM THE NAME OF ITS SPONSOR) ON PUBLIC ORDER, IS CRITICIZED.
Abstract
THE ITALIAN PEOPLE RECENTLY VOTED BY NATIONWIDE REFERENDUM AGAINST THE REPEAL OF THE REALE LAW, INTENDED AS A TEMPORARY EMERGENCY MEASURE IN REACTION TO A WAVE OF POLITICAL TERRORISM THAT HAS SINCE SUBSIDED. MOREOVER, THE ITALIAN SENATE IS CONSIDERING ANOTHER REALE LAW, PRACTICALLY INDISTINGUISHABLE FROM ITS PREDECESSOR IN LANGUAGE AND INTENT. BOTH LAWS REMOVE PRACTICALLY ALL CONSTITUTIONAL GUARANTEES FOR DEFENDANTS ACCUSED OF CRIMES AGAINST PUBLIC ORDER, A CONCEPT SO VAGUE THAT IT CAN BE FITTED INTO DIFFERENT POLITICAL AND CRIMINOLOGICAL PHILOSOPHIES TO MEAN DIFFERENT THINGS TO DIFFERENT PEOPLE. THESE LAWS SIGNIFY A COMPLETE REVERSAL OF THE PROGRESSIVE AND LIBERAL TRENDS WHICH HAD PREVAILED IN ITALY IN RECENT YEARS. REACTIONARY FORCES CLEVERLY MANIPULATED ITALIAN OPINION THROUGH SCARE TACTICS AND APPEALS FOR SECURITY AND PUBLIC TRANQUILLITY. THE RESULT WAS LEGALIZATION OF UNLIMITED POLICE DISCRETION AND THE EXTENSION OF CRIMINAL REPONSIBLILITY TO 'PREPARATORY ACTS' OPINIONS DANGEROUS TO PUBLIC ORDER, AND CRIMINAL ASSOCIATIONS--MATTERS TOO REPRESSIVE EVEN FOR THE PREVIOUS FACIST REGIME. THE DEPENALIZING TREND WAS THE ONLY MEANS TO EFFECTIVE CRIME CONTROL IN A COUNTRY WHERE DISMALLY FEW CRIMES ARE SOLVED AND PROSECUTED. INSTEAD, THE TWO REALE LAWS HAVE ADDED A LONG LIST OF ILL-DEFINED CRIMES AGAINST PUBLIC ORDER TO THE ITALIAN CRIMINAL CODES. AMONG THE REGRESSIVE AND REPRESSIVE PROVISIONS OF THE REALE LAWS IS CURTAILMENT OF DEFENDANTS' RIGHTS IN CRIMINAL TRIALS, ESPECIALLY THE RIGHT FOR DEFENSE COUNSEL TO BE PRESENT AT POLICE SEARCHES OF THE SUSPECTS' PERSON OR HOME. DISCRETIONARY POLICE POWERS AMOUNT TO BRUTAL REPRESSION UNDER THE DISGUISE OF CRIME PREVENTION, SINCE POLICE CAN ARREST CITIZENS ON SUSPICION OF PREPARING SUCH CRIMES AS ARMED INSURRECTION AGAINST THE GOVERNMENT, VANDALISM, LOOTING, OR USURPATION OF POLITICAL POWER. POLICE CAN ALSO ARREST PERSONS PRESUMED TO MAKE A LIVING BY RECEIVING STOLEN GOODS, PIMPING, SELLING DRUGS, ETC. WHILE CRIMES AGAINST THE POLICE ARE QUICKLY TRIED AND ALWAYS PUNISHED TO THE FULL EXTENT OF THE LAW, CRIMES COMMITTED BY POLICE ARE HANDLED WITH LENIENCY AND DISCRETION. IN THE LATTER CASES, PRIVATE TRIALS ARE ALLOWED, THE BURDEN OF PROOF RESTS TOTALLY WITH THE ACCUSER, AND POLICE DEFENDANTS CHOOSE THEIR OWN LAWYERS AT THE STATE'S EXPENSE. THE THRUST OF THE TWIN REALE LAWS IS CLEARLY AIMED AT STIFLING POLITICAL DISSENT. THE ITALIAN JUDICIAL SYSTEM AND THE COUNTRY AS A WHOLE APPEAR TO FACE TWO GRIM ALTERNATIVES: A STATE OF PUBLIC DISORDER AND INEFFECTUAL CRIMINAL JUSTICE DELIVERY, OR A POLICE STATE BUILT TO THE SPECIFICATIONS OF THE REALE LAW. ---IN ITALIAN.