Negli ultimi giorni è stata divulgata dal Fatto Quotidiano la notizia del'abrogazione del reato di banda armata, che prevedeva varie punizioni a seconda di come veniva impostato.
L'articolo è di Marco Travaglio, che personalmente stimo moltissimo. Tuttavia non era del tutto esatto quello che veniva detto dall'illustre giornalista, ed intavolando una discussione con un mio amico è venuta fuori la seguente conclusione.
Appena cominciati i corsi universitari, è un classico momento di relax post-esami, e di tempo da perdere ce n’è. Così, per tenersi in esercizio, ho tried to take a case brought to light by Marco Travaglio in this article . Knowing how the Italian journalism suffers from sensationalism, and labor - it is very difficult (though not always impossible) to attack him on matters of fact - has some lameness when handling legal issues, I tried to reconstruct the evolution of legal of the story.
Therefore, the armed band is scheduled as a crime since 1930, art. 306 cod. pen., which provides - in a nutshell - which is punishable by a term of imprisonment anyone who gets together with other persons to carry out activities against the Italian State and its established order and against the physical and moral integrity of its highest offices.
In 1946, however, the newly formed Constituent Assembly delegates from the government to issue a Decree to find a rule providing for and prevented from locking phenomena, which could have lead to episodes of squads. Under this closure (ie the rule that allows to solve doubtful cases the scope of the crime of armed band, giving a general criterion to identify all those behaviors relevant to the crime) states that must be punished as armed gangs also associations of military for political purposes, so it's enough to have a hierarchical structure, uniforms, and the availability of weapons for the group to commit a crime, regardless of putting in place the criminal behavior and illegal activities instead asked the Criminal Code.
From 9 October, however, shall enter into force the Code of the military. It 's a single text, that is, a Decree which sums up and makes a synthesis of all the laws governing that matter, to tidy up. Therefore, since no longer needed, these old rules are repealed.
Among these laws, however, was also inserted inside the D. Decree Law 43/1948, which we have spoken. It therefore lacks the rule of closure: will therefore be necessary for the Association of Army implements the same behavior under the Penal Code to be punished, not ignored.
While this does not speak of "decriminalization of the armed gang," because it remains a punishable offense, it seems sufficient to achieve the "League award" mentioned Travaglio.
In fact, the defendants that this repeal is intended to save are the founders of the National Guard Po, which are undoubtedly an association linked to paramilitary political ideals (those of the Lega Nord and secession in general), but the simple fact that there will not be enough the court to punish them, not until they actually attack the integrity of the Italian State, which we take for granted Venetian savvy, but it is more difficult to prove on a case.
Here I report the two laws we are talking about:
Penal Code Article 306
Leg. n.43 02/14/1948 Page 1 - Page 2 - Page 3
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