Dl Caivano is law, final green light from the Chamber: what it provides

The measure approved with 156 yes votes

The Chamber definitively approved the Dl Caivano with urgent measures to combat youth hardship, educational poverty and juvenile crime. With 156 yes, 66 no and 36 abstentions it therefore becomes law the provision which provides, among other things, prison for parents who do not send their children to school and urban detention also for minors aged 14 and over.

Prison for parents who don’t let their children go to school

“In the line that concerns the protection of minors – the Minister of Justice Carlo Nordio explained, after the approval of the legislative decree in the Council of Ministers – the sanction for parents who do not let their children go to school or withdraw them prematurely has been strengthened. This the crime of absolute dispersion until yesterday was punished with a fine, we have elevated it to the level of a crime with a prison sentence of up to 2 years. The conditions must exist but we believe that the minor is indirectly being helped in his education”.

Illustrating the innovations introduced by the decree, the Minister of Justice also clarified that “the prosecutor, in the case in which the criminal conspiracy involves a minor, not necessarily as the perpetrator of a crime or as a competitor but also as a victim of the situation, must report to the prosecutor at the Juvenile Court the uncomfortable situation for the adoption of measures. This could be the beginning of parental responsibility but also of loss of parental rights, if the prosecutor believes that the conditions exist”.

Daspo urban from 14 years

The ”urban daspo or dacur” can be applied to minors as early as 14 years old, ”therefore the provision lowers the age threshold for application of the provision also to minors over 14 years of age”, explained the Minister of the Interior, Matteo Plant yourself.

”The provision intervenes on the famous daspo for drug crimes – stated Piantedosi – The places where this ban can be foreseen are expanded, specifying that they can be schools, school complexes, universities, precisely because there is the theme of commission of these crimes in the vicinity of school and university areas”. ”The range of crimes required for the application of this provision is also broadened”, he added, ”also including the case of simple drug possession” and the possibility of extending this ban “to the entire province if there are reasons of particular danger of the subject”.

And then ”there is a tightening of sanctions for the sale of minor drugs entity which has the effect of strengthening the right of arrest in flagrante delicto for minors and broadening the cases of applicability of the custodial sentence in prison also for minors over 14 years of age”.

Again, ”there is the introduction of’warning for the crime of bullying, the current legislation provided for it for cyberbullying crimes so we have standardized the legislation”. ”The commissioner will be able to summon the minor together with the parent or a person exercising parental authority,” she clarified.

Furthermore ”there is the introduction of the new measure of warning for minors under the age of 14. This is the only application of an institution under the age of 14 that is found in the legislation. From the age of 12, therefore, the police commissioner’s warning is introduced for minors between the ages of 12 and 14 who commit crimes for which the punishment of imprisonment is not less than a maximum of 5 years, such as aggravated theft, aggravated robbery, aggravated damage and serious injuries”. ”At the same time there is the administrative sanction for parents who are subject to a pecuniary administrative sanction which can be imposed by the prefect,” he added.

Cell phone possession prohibited

Piantedosi explained that the Caivano decree ”allows the police commissioner to propose to the judicial authority the prescription on the use and access to IT platforms as well as the possession and use of telephones and electronic devices”. ”A prediction”, added the minister, ”which I have seen has been much discussed in preparation for this decree. We have chosen a formulation that limits the measure to cases in which it is necessary with respect to the type of crime committed”.

Parental controls

As for pornographic sites, “we have implemented parental control”, said the Minister of Family, Eugenia Roccella. ”We know that all this causes damage to health and creates independence. And not only. Caivano brought it out. Experts tell us that the age of access to porn sites is 6-7 years”. We need to intervene ”also through school”, but ”first and foremost through the family which has an irreplaceable task. We have implemented the “parental control. There is a lack of family training and information” in this regard, said Roccella.