Criminal Lawyers Unite Against Controversial Security Decree

Italian criminal lawyers are up in arms over the recently enacted Security Decree, launching a three-day strike from Monday, May 5th, to Wednesday, May 7th.The union of Italian Criminal Chambers (UCPI) has declared a complete abstention from hearings and all criminal sector activities, citing profound concerns about both the decree’s content and the manner in which it was passed.

The UCPI argues that the government’s use of an emergency decree is an abuse of power, as the constitutional conditions for such measures have not been met.This sentiment is echoed across the country, with legal professionals in Bergamo and the Brescia judicial district joining the mobilization.

Emergency Decree: A circumvention of Parliamentary Process?

A key point of contention is the government’s decision to bypass the normal legislative process. The Security Decree, published in the Official Gazette on April 11th, is seen by manny as a shortcut to circumvent the year-long parliamentary deadlock on the corresponding security bill. This move has fueled accusations of undermining democratic principles and disregarding due process.

The decree introduces several controversial measures, including aggravating circumstances for offenses like begging and resisting public officials during protests, as well as new crimes such as road blocking, prison revolt (even in its passive form), and appropriation of property intended for others’ homes, targeting illegal occupations.

overcrowded Prisons: A Looming Crisis Exacerbated by the Decree

Critics argue that the decree’s focus on short prison sentences is a misguided approach that will only worsen the already dire situation in Italian prisons. Lawyer Enrico Pelillo,president of the Criminal Chamber of Bergamo,emphasizes that prisons are already at a breaking point. He suggests that measures like clemency or amnesty would be more effective solutions, rather than adding new crimes and aggravating circumstances.

The situation in Bergamo’s prison is particularly alarming. According to the latest data from the Ministry of Justice, as of Tuesday, the facility houses 577 detainees, while its capacity is only 319, resulting in a staggering overcrowding rate of 180.9%. Similar conditions prevail in nearby Brescia, where Canton monbello prison holds 364 inmates in a facility designed for 182, and Verziano prison has 111 prisoners for 71 places (156.3% overcrowding rate).

The urgent decreation has nothing to do with these issues, but it must be truly limited to cases of necessity and true urgency, which are not seen here.

Enrico Pelillo, president of the Criminal chamber of Bergamo

Concerns Over Freedom of Expression and Social Justice

The Criminal Chamber of Eastern Lombardy has issued a critical statement denouncing the decree as a punitive measure that prioritizes punishment over prevention. They express concern over the repression of dissent and the targeting of marginalized or ideologically opposed groups.

The lawyers argue that the decree moves in the opposite direction of promoting alternative measures to imprisonment, despite the well-documented problems of overcrowding, inadequate work opportunities, insufficient healthcare, and poor treatment within Italian prisons. These conditions, they warn, only increase the risk of recidivism and undermine public safety.

Looking Ahead: Prison Visit and Continued Advocacy

As part of their ongoing efforts to address the prison crisis, the criminal lawyers plan to visit Verziano prison in Brescia on May 10th, coinciding with Mother’s Day. This visit will provide an possibility to engage with prisoners, assess the conditions firsthand, and advocate for meaningful reforms.

The legal community remains steadfast in its opposition to the Security Decree, vowing to continue its fight for a more just and humane criminal justice system.The Security Decree is seen as a step backwards, prioritizing punishment over rehabilitation and undermining basic rights.