1) A new kind of crime “child
abduction” (in primis) (amendment: approved)
The law has been called “Denise”
2) The modification of crime as in the
ART. 574 CP. “abduction of incapable persons” (amendment:
OFFICIAL GAZETTE 170 of 24 July 2009 - Ordinary Supplement no. 128
Changes made to the Penal Code art. 605 and inserting new art. 574-bis
Press release new figure of crime, kidnapping of minors and art.574 bis
cp."Abduction of incapable people"
“Law Denise”: called ‘Denise’ after Denise Pipitone, the child who went missing in Mazara del Vallo on the 1st of September 2004. Piera Maggio, her mother, had to struggle in order to convince the Italian Minister of Justice Angelino Alfano to face the issue of the crime “child abduction”, which the penal code did not provide for. To Piera Maggio’s side, her lawyer Giacomo Frazzitta and the MP Barbara Mannucci, who was the first to sign for the.
ART. 605 comma 3 New kind of crime “child abduction”:
it extends the art. 605 of the penal code. It states that, in case an underage person is kidnapped, “the penalty of a confinement between 3 and 12 years is applied” if the kid is between 15 and 18 years old. If the child is 14 or under or if (s)he is taken or kept abroad, the reclusion is between 3 and 15 years. Before, the penalty was “between 6 months and 8 years.” If the offender is the cause of the kidnapped’s death, then a life sentence is expected by the new law. On the contrary, the punishments are diminished to the half if the offender operates towards a release.
ART. 574-bis New kind of crime “child abduction”:
by a parent and keeping the child abroad, which introduces an article 574-bis to the penal code.
“Anyone who subtracts a minor to a parent who operates the parental authority or to a tutor, taking her/him abroad against her/his parent’s or tutor’s will” is punished as follows: “confinement between 1 and 4 years.” Moreover, if the kidnapping happens against a kid who is more that 14 and with his/her content, confinement is “between 6 months and 3 years.” If the kidnapper is a parent, the sentence means that he/she has to give up parental authority.
Judgment passed by the Supreme Court applied to “Law Denise”
The Supreme Court has passed the following judgment:
INDIVIDUAL FREEDOM (CRIMES AGAINST) –ABDUCTION – CHILD AND INCAPABLE ABDUCTION
pen. Sez. V, Sent. (ud. 04-11-2010) 18-02-2011, n. 6220 (Riferimenti normativi COST Art.13 - CP Art.574 - CP Art.605)
News: PROSPECTS FOR A REFORM OF THE PENAL LAW IN FAVOUR OF MINORS’ PROTECTION:
1) ART. 10.
Inammissibilità dell'azione civile - DPR 22.9.88 n. 448 ( PROCESSO PENALE A CARICO DI MINORENNI )
2) ART. 90 c.p.p.
Diritti e facoltà della persona offesa dal reato; ART. 410 c.p.p. " OPPOSIZIONE ALLA RICHIESTA DI ARCHIVIAZIONE"