
An analysis of the main legislative provisions relating to public order and criminal justice
From 2022 to 2025, the Italian government introduced numerous new crimes relating to rave parties, immigration, youth crime, protests and prison riots, raising concerns about overcrowding in penitentiary institutions.
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The Antigone association's report highlights a structural crisis in Italian prisons, characterized by overcrowding and sanitation deficiencies.
On 31 October 2022, a few days after the oath, the executive passed a provision that introduced the crime of organizing and participating in illegal rave parties. The crackdown, regulated by article 434-bis of the Criminal Code, provides for penalties of up to 6 years of imprisonment and additional sanctions such as the confiscation of the vehicles used by the organizers.
After the tragedy of Cutro, in Calabria, with the shipwreck of a gulet loaded with migrants which cost the lives of at least 94 people, in March 2023 the Council of Ministers meeting in the town of Crotone launched a crackdown on smugglers. Article 12-bis of the Consolidated Law on Immigration provides for the crime of death or injury as a consequence of crimes relating to illegal immigration. Anyone who "promotes, directs, organizes, finances or carries out the transport of foreigners in the territory of the State" when "the transport or entry is carried out in such a way as to expose people to danger to their lives" risks imprisonment of up to 30 years.
After the events in Caivano, in Campania, with the rape of two cousins aged 10 and 12 by a group of minors, in September 2023 the executive approved a measure on youth crime. Among the measures, a crime is introduced for parents who do not send their children to school. Anyone who does not register the minor risks imprisonment of up to 2 years. For unjustified absences, imprisonment of up to 1 year is triggered.
In November 2023, the government gives the green light to a security bill which includes, among the measures, new crimes to protect public order. The first is the possession of material for terrorist purposes, punishable by prison from 2 to 6 years.
During the parliamentary examination, the safety bill is expanded with the addition of new crimes such as those for sit-ins that impede movement on the road or rail. There is a prison sentence of up to 1 month for anyone who blocks a road or railway alone and from 6 months to 2 years if the crime is committed by several people together.
In 2025 a decree (number 48) also on security introduces a new crime against riots within prisons. Anyone who participates, including through acts of passive or non-violent resistance, and prevents the normal functioning of the structure is subject to imprisonment from 1 to 5 years. More severe penalties for those who organize the revolt, from 2 to 8 years.
The same provision provides for a similar crime for riots in Repatriation Detention Centers (CPR) with penalties of 1 to 4 years and aggravating circumstances for guests who organize riots or cause death or injury as a result of them.
In March 2025, the Council of Ministers gives the green light to the bill for the introduction of the crime of femicide. After a long process in Parliament, the text was definitively converted by the Chamber on the following 25 November, the date on which the International Day for the Elimination of Violence against Women is celebrated. The measure, voted bipartisan, introduces into the penal code the new article 577-bis, a specific type of murder which provides for life imprisonment for anyone who causes the death of a woman through discrimination, hatred or prevarication or through acts of control, possession or domination. Homicide committed due to a woman's refusal to establish or maintain an emotional relationship or as an act of limitation of her individual freedoms is also feminicide.
The latest package of measures, in chronological order, dates back to 21 October, a few days after the riots that hit the center of Milan, the protagonists being almost all minors. The new provision creates the crime of "organized violence in public demonstrations". For groups of at least 5 people who use sticks, clubs or throw objects during protests, putting people's safety at risk, there is a prison sentence of 2 to 5 years and a fine of up to 20 thousand euros. The penalty increases if the violence is committed with the face covered and if infrastructure or public services are damaged.
The increase in crimes weighs on the overcrowding of prisons. In the report "Tutto closed" the Antigone association reports a worsening compared to the past with 64,436 people detained compared to a capacity of 46,318 places. While alternative measures to detention are decreasing, or disciplinary isolation measures are growing. Furthermore, the growth of prisoners in psycho-physical suffering is alarming: almost half of the prison population uses sedatives or hypnotics. On the building front, 66 prisons out of the 102 visited by Antigone have unusable departments, 23 of which are the toilet and kitchen in the same room. Finally, hygienic conditions are worsening, from the lack of hot water to the absence of showers in cells in 53 institutions.

The Court of Review of Milan has confirmed the preventive seizure of 12.5 million euros against the company Bluestone Crescenzago and its directors, under investigation for undue receipt of public funds linked to the Sismabonus.

The Union of Italian Criminal Chambers asks the presidents of the Chamber and Senate to intervene so that the commission of inquiry into David Rossi respects the constitutional limits, requesting clarity on the leak.

The Court of Cassation has ordered an appeal ter for five policemen involved in the expulsion of Alma Shalabayeva and her daughter in 2013. Having recognized the statute of limitations for the kidnapping of the mother, the trial continues for the alleged kidnapping of the minor.

The Court of Cassation has ordered an appeal ter for five policemen, including Renato Cortese and Maurizio Improta, accused of the kidnapping of Alma Shalabayeva's daughter. The charge for the kidnapping of the mother was prescribed.

The Supreme Court annulled with postponement the appeal sentence for five policemen involved in the Shalabayeva case. An appeal has been arranged to evaluate the accusations of kidnapping of Alma Shalabayeva's daughter, after the statute of limitations for the mother.

The Court of Assizes of Forlì admitted the autopsy records on the body of Deanna Mambelli in the trial against Luca Spada. The defense's request for nullity was rejected, while the number of witnesses admitted to the hearing was reduced.