© Missing - We are looking for Denise
The association "Cerchiamo Denise" onlus was the promoter of the following laws:
1) The new criminal offense "KIDNAPPING OF MINORS" (primarily) (approved amendment) Law renamed "Denise Law"
2) The amendment to the offense referred to in ART. 574 CP. "ABDUCTION OF INCAPABLE PERSONS" (approved amendment)
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OFFICIAL GAZETTE NO. 170 of July 24, 2009 - Ordinary Supplement no. 128
Amendments made to the penal code art. 605 and new insertion art. 574-bis
Press release new criminal offense, kidnapping of minors and art.574 bis cp. "abduction of incapable persons"
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"DENISE LAW" renamed 'Denise', in honor of Denise Pipitone, the little girl who disappeared from Mazara del Vallo on September 1, 2004. In fact, it was the long battle fought by her mother, Piera Maggio, that convinced the Minister of Justice, Angelino Alfano, to address the issue of the crime of kidnapping a minor, which was not provided for by the penal code. Supporting Piera Maggio were her lawyer Giacomo Frazzitta and Hon. Barbara Mannucci, the first signatory of the security package amendment. Piera Maggio chained herself and went on a hunger strike in front of the Quirinale on 10/26/2007, the day of Denise's seventh birthday, to obtain the approval of the "DENISE LAW".
ART. 605 paragraph 3 NEW CRIMINAL OFFENSE "KIDNAPPING OF MINORS" (which expands article 605 of the penal code) provides that, in the case of kidnapping a minor, "the penalty of imprisonment from 3 to 12 years" applies, if the child is between 15 and 18 years old. If the minor is 14 years old or younger or if "he/she is taken or kept abroad", a penalty of 3 to 15 years applies. The penalty provided, without the new criminal offense, ranged from "6 months to 8 years".
If the perpetrator causes the death of the kidnapped minor, the penalty is life imprisonment. The penalties provided for in the third paragraph are also reduced by up to half for the defendant who concretely cooperates.
ART. 574-bis NEW CRIMINAL OFFENSE "ABDUCTION OF MINOR" by one of the two parents and the retention of the child abroad, introducing article 574-bis to the penal code.
"Anyone who abducts a minor from the parent exercising parental authority or from the guardian, taking or keeping him/her abroad against the will of the same parent or guardian" is punished "with imprisonment from 1 to 4 years", explains the text. Furthermore, if the act occurs against a minor over 14 years old and with his/her consent "the penalty of imprisonment from 6 months to 3 years applies". If one of the two parents is the kidnapper, the conviction entails suspension from exercising parental authority.
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JUDGMENT ISSUED BY THE SUPREME COURT OF CASSATION APPLIED THE "DENISE LAW"
THE SUPREME COURT OF CASSATION HAS PRONOUNCED THE FOLLOWING JUDGMENT:
INDIVIDUAL FREEDOM (CRIMES AGAINST) - KIDNAPPING - ABDUCTION OF MINORS AND INCAPABLE PERSONS >> Cass. pen. Sez. V, Sent. (ud. 04-11-2010) 18-02-2011, n. 6220 (Regulatory references COST Art.13 - CP Art.574 - CP Art.605)
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NEWS - IN PROGRESS: REQUEST TO AMEND ART. 410 c.p.p. LAWS >>
PERSPECTIVES FOR REFORM OF THE RULES OF CRIMINAL PROCEDURE:
1) ART. 10. Inadmissibility of civil action - DPR 22.9.88 n. 448 (CRIMINAL PROCEEDINGS AGAINST MINORS)
2) ART. 90 c.p.p. Rights and powers of the person offended by the crime; ART. 410 c.p.p. "OBJECTION TO THE REQUEST FOR DISMISSAL"
© Missing - We are looking for Denise