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Dl Rave: off crimes against the public administration

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Dl Rave: off crimes against the public administration

In the Senate Justice Commission, which is examining the “anti-Rave” decree, the Forza Italia amendment, signed by Pierantonio Zanettin, has just been approved by a majority, which provides for the cancellation of crimes against the Public Administration from the list of impediments, i.e. those for whom prison benefits are not provided.
The Government reformulates the amendment on the crime against the “Rave Party”, filed and now being examined by the Senate Judiciary Commission. But not in a significant way, that is, it needs more time to sub-amend, as specified by the majority. And the wording “public order” and the references to the ‘anti-mafia code’ and prevention measures disappear from the text. In addition to the reference to the number of participants (which in the original government text was 50).
In essence, the text provides that anyone who organizes or promotes “the arbitrary invasion of other people’s lands or buildings, public or private, in order to organize a musical gathering or having other entertainment purposes, is punished with imprisonment from 3 to 6 years and a fine from 1,000 to 10,000 euros, when the invasion results in a concrete danger to public health or public safety due to non-compliance with the rules on narcotic substances or on the safety or hygiene of shows and public entertainment events, also due to the number of participants or the state of the places”. The confiscation of things that served or were destined to commit the crime is always ordered, as well as those used to achieve the purposes of the occupation or those that are its product or profit. Finally, by deleting paragraphs 2 and 3 of the original text, references to the anti-mafia code and prevention measures are eliminated.
As far as simple participants in the ‘Rave-Party’ are concerned, the currently applicable rule of article 633 of the penal code continues to apply, which speaks of a maximum sentence of up to 4 years. As regards the interceptions on which there was an initial controversy when the decree was approved by the CDM, these can be done in any case and not only because the penalty in the new government amendment remains up to 6 years, but also because the article 633 of the penal code falls within the list of crimes (contained in article 266 of the penal procedure code) for which the possibility of wiretapping is always foreseen.

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