Re: Italian legislation?

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Subject: Re: Italian legislation?
From: Comité Contre L'Esclavage Moderne (ccem@imaginet.fr)
Date: Sun Mar 19 2000 - 21:07:02 EST


Gabriele Reiter wrote:
>
> Dear collegues,
>
> We are currently working on a project on the combat of trafficking
> in women, scrutinising the factual situation of women concerned and the
> legal framework in Austria as well as relevant developments on the
> international level. As we also shortly mention other European
> countries' legislation (such as Sweden or Belgium) on the issue, we are
> interested in getting some information on the relevant Italian
> legislation, too.
>
> Would it be possible for you to send me just some basic information on
> relevant provisions of criminal law and alien law (especially, if there
> exists an explicit prohibition of trafficking in the penal code and if
> there is any witness protection available, such as the possibility to
> obtain a residence permit during/after procedures against the
> traffickers or to be covered by the national social insurance system)?
>
> Thank you very much in advance and best regards,
> Angelika Kartusch
>
> _______________________________________
>
> Boltzmann Institut fuer Menschenrechte
> Boltzmann Institute of Human Rights
>
> A-1010 Vienna, Hessgasse 1
> tel. +43 1 4277 27438
> fax. +43 1 4277 27429
> angelika.kartusch@univie.ac.at
> _______________________________________

Dear Angelika Kartusch,

As you have request, here follow some basic information on the italian
legislation concerning slavery and traffic of human being.

The italian law n°40 of March 1998 dealing with foreign people provides
in its article 16 the possibility of delivering a „humanitarian“
residence permit to foreigners who had been the victims of violence or
exploitation. The victim must take part into social reinsertion program
organized by accredited NGOs in collaboration with local communities.
The regulation of this law (Decreto del Presidente della Repubblica
n°394) founded the Interdepartmental Commission for the enforcement of
the measures to protect the victims. The Commission is composed of
representatives of the Home Office, the Department of Justice and the
Social Services Ministry. It is in charged of the financing and the
control of the victims protection programs.
Legal aid and protection programs provided by this law are specially
directed at the victims of „forced“ prostitution but do not exclude
other forms of slavery.

In the Italian Penal Code, articles 600, 601 and 602 deal with slavery,
traffic and trade of slaves.

Moreover, two projects, to reform the penal code, are being discussed in
the italian Parliament.
The first bill (progetto di legge n°5350) initiated by parliamentaries,
introduces in its Section I, Chapter III of the Penal Code, an article
601bis that gives a definition of the trafficking in human beings. Under
this article : „one who takes in or facilitates the illegal entry of a
foreigner (coming from a third country) in order to exploit that person
can be sentenced to a 5 to 15 years‘imprisonment and to a 30 to 300
millions-lire fine ( about 100 000 à 1 000 000 de francs).
This sentence can be raised by a third or a half if the traffic is
organized for the purpose of exploitation by prostitution.
This sentence can be lessened of a third if the offender is under 18.“
This bill also provides for prevention and protection measures for the
victims using different devices such as a free phone number, specialized
reception centers, reinsertion programs, as well as the creation of a
national observatory on the traffic in human beings.
The second bill (disegno di legge n°5839) was submitted on March, the
9th 1999 by the Home Office and of the Social Services Ministry. That
bill modifies the same part of the Penal Code including an article
602bis which describes the exploitation of human beings for the purpose
of prostitution as a crime and not anymore as an offence. The offender
can be sentenced to a maximum of 15 years‘imprisonment. Furthermore,
article 602bis sets down protection measures for the victims.

If you wish the original text of these laws , please do not hesitate to
contact me.

Best regards

Federica Marengo

-- 
Comite Contre l'Esclavage Moderne
4, Place de Valois - 75001 Paris
Tel. 01 55 35 36 55 - Fax : 01 55 35 36 56
<http://www.ccem-antislavery.org>


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