From the squeeze for mafia crimes to arrest in flagrante delicto, definitive go-ahead to the Nordio bill
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Ok from the Senate Chamber the examination of the bill on ex officio prosecution and arrest in flagrante delicto. The provision, already approved by the Chamber, becomes law. The bill, presented by the Minister of Justice Carlo Nordio, provides for the prosecution of the office for crimes aggravated by the mafia method or for the purpose of terrorism and allows arrest in flagrante delicto even in the absence of a lawsuit, in the event that the offended person does not is readily available. In particular:
Provisions on aggravated crimes
The prosecution of the office is envisaged for all crimes all crimes prosecutable on complaint where the aggravating circumstance of the purpose of terrorism or subversion of the democratic order occurs, or the aggravating circumstance deriving from having committed the fact making use of the mafia associative bond or in order to facilitate the activity of mafia associations,
Prosecution of the office also for the crime of personal injury
amends the Anti-Mafia Code providing for the prosecution of the office also for the crime of personal injury, when it is committed by a person subjected to a personal prevention measure, up to three years following the end of the measure itself;
Amendments regarding arrest in flagrante delicto
Compulsory arrest in flagrante delicto is permitted, even in the absence of a lawsuit if the offended person is not readily available. In these cases, the lawsuit must in any case be presented within forty-eight hours of the arrest. The provision also provides that, in all cases of arrest in flagrante delicto (both mandatory and optional) in the cases in which the complaint is presented in a simplified form, the authorities
proceed with the arrest are required to give the offended person the information of
referred to in art. 90-bis cpp
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