the idea of ​​lowering the penalty to avoid wiretapping and better define the crime – Corriere.it

Having made the law, it’s time to change it. Just 48 hours after approval by the Council of Ministers, the anti-rave decree presented by the Minister of the Interior Matteo Piantedosi shows at least two criticisms, on which members of the same majority ask to intervene: the excessive genericity of the rule to define the arbitrary invasion of other people’s lands or buildings, public or private and the possibility of intercepting in search of hypothetical perpetrators of the new crime.

The text of the anti-rave law decree

The changes will be up to the Parliament called to convert the decree into law by the end of the year, and will also serve to avoid any embarrassment or diversity of views with the Interior Ministry at the Ministry of Justice, where the deputy minister and two undersecretaries took office yesterday. the Keeper of the Seals Carlo Nordio. Which deferred to the sovereign intentions of the Chambers, but intervening at the commemoration of the fallen of the prison administration defended the Piantedosi decree, at least in principle: by law it cannot tolerate the violation of the minimum principles of safety and protection of public health. Strength without savage and brutal justice, but justice without strength an empty and helpless abstraction.

Yet, it is not difficult to hear some creaking between the guarantee always claimed by Nordio (albeit combined with the certainty of the penalty and the guarantee of public security) and the first measure launched by the government to which it belongs. On the day of the oath the Keeper said he wanted to proceed with a strong decriminalization and therefore a reduction of crimes, but at its debut the executive introduced a new crime; moreover, he has always maintained that wiretapping, in my opinion, should be limited; some are indispensable and others harmful because they limit the freedom of citizens, but as written the anti-rave rule expands the audience of conversations to this case as well.

The possibility of intercepting those who organize potentially illegal rallies is one of the problems reported by the new deputy minister of Forza Italia Francesco Paolo Sisto. He reiterated that Prime Minister Giorgia Meloni and her deputy (as well as Foreign Minister) Antonio Tajani specified that this type of investigation should not be possible, that is, the opposite of what is provided for by the decree that sets the ceiling for six years in prison. maximum penalty envisaged; above five, in fact, prosecutors have the right to request and obtain recordings of the interviews.

Sisto has already identified the solution: The only system is to bring the sentence to a level that inhibits the use of wiretapping, therefore under five years. But according to the deputy minister, the type of rave party to be punished must also be typified, in order to prevent the one just approved by the guarantee rule from turning into a police rule; one cannot “rage” every kind of gathering or demonstration. And then, since the intention to target situations in which the widespread use of drugs creates concrete dangers for order and public health, it is precisely the consumption of drugs related to the events that would allow a better definition of the crime.

A rule to be corrected, therefore. The other two Undersecretaries of Justice, Andrea Del Mastro for Fratelli d’Italia and Andrea Ostellari for the Lega, are also open to changes, underlining the urgency to block rave-parties. Although the one in progress in Modena just in the hours in which the decree law was born (possible only in extraordinary cases of necessity and urgency, according to the Constitution) was peacefully demobilized with the old rules; and the precedent that had created the alarm dates back to Ferragosto 2021.

Get used to the speed with which politics give answers, Del Mastro warns; If there is a comma to change it will, minimize Ostellari. Different tones and visions from those of Sixtus and – perhaps – of the minister himself. At least the one who with his reputation as a liberal was greeted with satisfaction in via Arenula by law professors, lawyers and various guarantors who now turn up their noses (or even cry scandal) in front of the Piantedosi decree.