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Decreto sicurezza in Senato: ecco i punti principali da sapere

Il decreto legge n.53 del 14 giugno 2019Disposizioni urgenti per il potenziamento dell’efficacia dell’azione amministrativa a supporto delle politiche di sicurezza, conosciuto come decreto Sicurezza bis, è stato approvato dalla Camera lo scorso 25 luglio. Il provvedimento, fortemente voluto dal ministro dell’Interno Matteo Salvini, che passerà tra oggi e domani in Senato, regolamenta, tra le altre cose, la chiusura dei porti italiani alle navi delle Ongche soccorrono i migranti e stabilisce le sanzioni in caso di forzatura del blocco. 

L’iter travagliato

Il decreto, anche per le tensioni all’interno delle forze di governo, ha avuto un iter complesso e ha subito diverse modifiche, sia prima dell’approvazione da parte del Consiglio dei ministri che durante il passaggio parlamentare. Ora, per avere l’approvazione definitiva del Parlamento, dovrà superare il voto del Senato che dovrà arrivare entro il prossimo fine settimana.

La fiducia e le defezioni nel M5S

Il governo Conte ha posto sul decreto Sicurezza bis la questione di fiducia: pur essendo quindi passato senza intoppi, ci sono state alcune defezioni fra i deputati del Movimento 5 Stelle che hanno abbandonato l’Aula al momento del voto: si tratta di 17 parlamentari fra cui il presidente della Camera Roberto Fico

Che cosa prevede

Il decreto consta di 18 articoli e, oltre al tema della chiusura dei porti e del contrasto all’immigrazione clandestina, introduce alcune nuove norme sulla gestione dell’ordine pubblico durante le manifestazioni di protesta e sportive e prevede lo stanziamento di fondi per le forze dell’ordine. 

La chiusura dei porti

All’articolo 1 il provvedimento stabilisce che il ministro dell’Interno «può limitare o vietare l’ingresso il transito o la sosta di navi nel mare territoriale» per ragioni di ordine e sicurezza, cioè quando si presuppone che sia stato violato il testo unico sull’immigrazione e in particolare si sia compiuto il reato di «favoreggiamento dell’immigrazione clandestina».

In una prima versione del decreto, i ministri delle Infrastrutture e della Difesa dovevano semplicemente essere informati dal Viminale dell’attuazione del blocco navale. Nel testo definitivo, invece, il provvedimento deve essere controfirmato dai titolari dei due dicasteri che, in questo esecutivo, sono esponenti del Movimento 5 Stelle, rispettivamente Danilo Toninelli e Elisabetta Trenta

Le sanzioni

L’articolo 2 prevede una sanzione da un minimo di 150mila euro a un massimo di un milione di euro per il comandante della nave «in caso di violazione del divieto di ingresso, transito o sosta in acque territoriali italiane». Inoltre, come sanzione aggiuntiva, è stabilito anche il sequestro della nave.

Per il comandante della nave è previsto l’arresto in flagranza nel caso in cui incorre nel «delitto di resistenza o violenza contro nave da guerra, in base all’art. 1100 del codice della navigazione», come avvenuto nel caso di Carola Rackete, poi scarcerata dal gip di Agrigento Alessandra Vella.

La confisca della nave, nel testo originario, era prevista soltanto se il reato veniva reiterato, mentre le sanzioni per la violazione della chiusura dei porti sono state fortemente inasprite: nella versione precedente la “multa” andava da 10mila a 50mila euro. Mentre nel testo precedente anche l’armatore era punibile con l’ammenda, ora dovrà pagare solo nel caso in cui il comandante non sia materialmente in grado di farlo.

Le altre misure di contrasto all’immigrazione clandestina

L’articolo 3 va a modificare l’articolo 51 comma 3-bis del codice di procedura penale e stabilisce che la procura distrettuale diventi competente per tutte le indagini che riguardano il reato di favoreggiamento dell’immigrazione clandestina. 

Con l’articolo 4 vengono stanziati 500mila euro per il 2019, un milione di euro per il 2020 e un milione e mezzo per il 2021 per il contrasto al reato di favoreggiamento dell’immigrazione clandestina e per operazioni di polizia sotto copertura. Due milioni di euro per il 2019, che potranno aumentare fino a un massimo di cinquanta milioni di euro, sono previsti all’articolo 12 per il rimpatrio dei migranti irregolari.

Le nuove norme sulla gestione dell’ordine pubblico

Dall’articolo 6 al conclusivo articolo 18, il decreto Sicurezza bis introduce nuove norme e reati in merito alla gestione dell’ordine pubblico durante le manifestazioni di protesta e sportive. In particolare, si introduce «una nuova fattispecie delittuosa, che punisce chiunque, nel corso di manifestazioni in luogo pubblico o aperto al pubblico, utilizzi – in modo da creare concreto pericolo a persone o cose – razzi, fuochi artificiali, petardi od oggetti simili, nonché facendo ricorso a mazze, bastoni o altri oggetti contundenti o comunque atti ad offendere».

Inoltre, il provvedimento prevede che «qualora i reati siano commessi nel corso di manifestazioni in luogo pubblico o aperto al pubblico» il fatto costituisca un’aggravante. L’uso dei «caschi o di qualsiasi altro dispositivo che renda irriconoscibile una persona», nelle manifestazione di questo tipo, è vietato. 

L’articolo 7 dà il via a un inasprimento delle pene per chi compie una serie di reati: «violenza o minaccia a un pubblico ufficiale», «resistenza a un pubblico ufficiale», «violenza o minaccia ad un corpo politico, amministrativo o giudiziario o ai suoi singoli componenti», «devastazione e saccheggio», «interruzione di ufficio o servizio pubblico o di pubblica necessità». 

Le nuove assunzioni 

L’articolo 8 autorizza il ministero della Giustizia all’assunzione, per il 2019/2010, di «un contingente massimo di 800 unità di personale amministrativo non dirigenziale» con il fine di dare attuazione a «un programma di interventi, temporaneo ed eccezionale, finalizzato ad eliminare, anche mediante l’uso di strumenti telematici, l’arretrato relativo ai procedimenti di esecuzione delle sentenze penali di condanna, nonché di assicurare la piena efficacia dell’attività di prevenzione e repressione dei reati».

Le misure di contrasto della violenza nelle manifestazioni sportive 

Gli ultimi articoli del decreto Sicurezza bis si occupano delle misure di contrasto della violenza nelle manifestazioni sportive. In particolare, il testo prevede che il questore possa impedire l’accesso alle manifestazioni sportive a chi abbia denunce pendenti o abbia preso parte a episodi violenti in occasione di eventi sportivi, o anche semplicemente chi abbia incitato o inneggiato alla violenza. Il divieto è esteso anche a chi abbia commesso il reato all’estero.

“Domani il Senato vota il ‘decreto inSicurezza‘ di Salvini. Con la Sicurezza non c’entra nulla perché Salvini con le paure ci campa. Salvini invece di fare il buffone firmi il contratto dei lavoratori delle forze dell’ordine, scaduto ormai da oltre 200 giorni”. Così su Facebook il segretario del Pd Zingaretti Salvini “porti rispetto per l’inno di Mameli:in tanti hanno combattuto o sono caduti per difenderlo e onorarlo”, dice Zingaretti riferendosi allo spettacolo in una discoteca di Milano Marittima a cui ha partecipato il ministro.

“Il decreto Salvini è incostituzionale. Calpesta i principi fondamentali del diritto internazionale del mare. È pazzesco punire chi salva le vite in mare peggio di come si puniscono i clan malavitosi”. Cosi il segretario di Articolo Uno, Roberto Speranza.

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