Top interpretations to counter the persecution, introduced by Law 11/09
courts begin to fix the conditions for the stalking. The new offense, which was introduced by Decree-Law 11 of 2009, later converted into law, is directed to stop and punish the conduct invasive in the lives of others before degenerating in the commission of serious crime. Now
by a court in Bari (Review Section), Ordinance No. 347, 6 April, there's some first interpretations of the crime of stalking, or rather according to the Penal Code, Article 612 bis (1), of persecution. For the judges, who have been to assess the merits of preventive detention imposed on an offender because the crime there must first be a repetition of the conduct. Not enough, I understand, isolated and sporadic acts, although annoying, but rather the continuous repetition of harassment and threats. Moreover, the conduct of the harasser must be used to obtain mental illness, fears for his safety and that of your loved ones to the victim, or even injury to the habits of life. And what can these behaviors be intrusive? The court lists as some phone calls, the stalking, the stalking to the realization of more serious offenses such as threats, damages, injuries, physical attacks.
"It is, therefore - the stress-judges, persecutors of conduct, whether direct or indirect, repeated over time, which command a state of subjection to the victim, causing physical or psychological discomfort and a reasonable sense of fear." In terms of the system, explains the ordinance, it is a provision that allows the court to rely on an unusual case because until a few weeks ago, behaviors such as hours taken into account by the Criminal Code, fell within the crime of harassment. A case of totally inadequate to counter the possible escalation of the persecution carried out, then taking into account the fact that the most serious crimes, from domestic violence to abuse, were applicable only when the situation was worse.
The novelty brings us closer instead to the common law countries, where usually, the judges still observed, there is a criminal provision that gives a definition of stalking which are linked to the minimal penalties are not too high, to take the offense, or even in view of the danger that it is committed, the victim may request authority to issue a restraining order with which we warn the stalker the harassment from continuing persecution. If the order is not complied with taking measures and heavy penalties are often accompanied by Disqualification or psychological treatments (a feature which is absent in the offense of harassing acts). If
landed before the review had been a progressive deterioration of the conduct of a man who married and separated, was first convicted of abuse in the family and then, after threatening his ex-wife and daughter during the trial, release the seals, had continued and persistent attempts by threats of aggression. All pipelines, the courts of review, have considered well founded measure of custody in prison.
(Il Sole 24 Ore, 15/5/2009, Giovanni Negri)
conditions. Court of Bari, review, Ordinance No. 347, 2009
In order, therefore, to bridge the gap in the protection of the victim of repeated and persistent behaviors that do not incorporate even the most serious crimes against life or personal, but suited to establishing a well-founded fear that such equipment, has entered the new criminal provisions of Article 612-bis, Penal Code. For there the criminal case is therefore necessary, first, the repetition of conduct: the acts and conduct designed to threaten or harassment should be repeated. Behaviors must be intentional and aimed at harassment. Furthermore, that these acts have the effect of causing mental illness (...).
----------------- (Note 1)
Penal Code Article 612-bis (1). Persecution.
Unless the act constitutes a more 'serious crime, and' punished with imprisonment from six months to four years anyone with repeated conduct, threatening or harassing someone in such a way as to cause a serious and continuing state of anxiety or fear or give rise to a well-founded fear for the safety 'of their own or a relative or person bound by the same loving relationship or to force him to alter the same their lifestyles.
punishment and 'increased if the act' committed by a spouse legally separated or divorced or person who has been linked to emotional relationship to the victim.
punishment and 'increased to the goal' if the act 'committed against a minor, a pregnant woman or a person with disabilities' in Article 3 of Law 5 February 1992, n . 104, or by a person with arms or misrepresented.
Crime and 'punished on complaint of the victim. The deadline for bringing the lawsuit and 'six months. We shall, however, ex officio if the act 'committed against a minor or a person with disabilities' in Article 3 of Law on February 5 1992, no 104, as well as' when the fact is connected with another crime for which you must carry out an official.
(1) Article inserted by Decree Law February 23, 2009, No 11 .
0 comments:
Post a Comment