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New decree law: street violence offenses, rules for youth, and military reinforcements

New decree law: street violence offenses, rules for youth, and military reinforcements

The new security decree brings harsher penalties for street brawls, parental responsibility, and a military reinforcement in Milan.

In response to the clashes that have hit Milan and other Italian cities, the Council of Ministers has approved a decree dedicated to public safety and combating juvenile crime. The measure, promoted by the Prime Minister and the Ministers of the Interior, Justice, and Defense, aims to clarify the rules for demonstrations, strengthen parental responsibilities, and increase the presence of the Armed Forces in the area.

The provisions, presented as a timely response to widespread violence, focus on three key pillars: the new crime of organized violence, measures for minors , and the reinforcement of Milan with 500 soldiers until December 31, 2026.

Organized violence at protests: new crime and penalties

The measure introduces the crime of organized violence at public demonstrations, defined as participating in a group of at least five people who use or throw dangerous objects—firecrackers, flares, stones, or other instruments—putting anyone present in concrete danger.

The penalty ranges from two to five years in prison and a fine of €10.000 to €20.000 . If the individual is responsible for serious injury or significant financial damage, the penalty increases to twelve years . Anyone who organizes, promotes, or incites the group, even through social networks or other online platforms, risks four to twelve years in prison and higher fines.

Who is punished as a promoter or instigator

The bill introduces a specific aggravating circumstance for anyone who, through online means, coordinates the formation of a violent group. The use of digital channels to disseminate invitations, instructions, or videos demonstrates the intention to extend liability to those who are not physically present at the demonstration but actively participate in its organization. This provision, defined by the Minister of Justice as a type of "anticipated danger," is intended to more effectively target criminal networks that exploit online platforms to orchestrate acts of violence.

Minors between 14 and 17: presumption of capacity and sanctions for families

For young people between the ages of fourteen and eighteen, the decree introduces a presumption of mental capacity . In practice, the judge assumes that the minor is aware of the seriousness of his or her actions, unless the defense proves otherwise. Furthermore, the concept of deferred flagrancy is extended to the crimes covered by the new package, allowing precautionary measures for minors without interrupting their ongoing education. When a teenager participates in organized violence or in the damage to groups, administrative sanctions are applied to the parents: from €500 to €1.000 for the first offense, up to €2.000 for a repeat offense. The prefect can also order payment for damages to public, regional, or municipal property.

Ban on gatherings and precautionary measures

The police commissioner has the authority to issue a verbal warning requiring people not to gather in specific public places or during certain times, for a period not exceeding one year. The measure applies to those with prior convictions or convictions for crimes against persons or property, and also applies to minors over the age of fourteen. The aim is to prevent the formation of potentially dangerous groups before they escalate into situations of public order.

Territorial reinforcement and procedural simplifications

To ensure more effective territorial control, the decree provides for the deployment of 500 additional Armed Forces personnel in the Milan area, with a "Safe Streets" mission until December 31, 2026. At the same time, an expedited procedure is introduced for validating arrests during large-scale events: the magistrate's decision must be issued within 24 hours of the judicial director's request, without waiting for the opinion of the Judicial Council, while maintaining subsequent notification for review of legality. The measure also extends preventive detention to a maximum of 12 hours for minors, when there is concrete evidence of a danger to public safety. Finally, injuries inflicted on judicial police officers or officials will become subject to ex officio prosecution, eliminating the need for an aggravating circumstance for their prosecution.

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