Intervention Att. Elia De Caro
Introduction I would first of all a discussion of what are the penal provisions of the Consolidated Law on Narcotic Drugs, to observe this behavior at your own risk and then passed to the conduct with which one compares educators during their work. So we will see a number of provisions which are those that may fall within the concept of "gray zone" of work or conduct of the facility and incitement are provided both in text only drug in both the general shape of incitement to crime. Let us go then to observe the specific aggravating circumstances that are provided in the text only and may relate to the activities species. Finally we will see some possible solutions and tools that only the text provides. Tools that, in truth, they are for now still not getting so worked up by the central government from local ones. Tools that allow already today with existing legislation a first core of protection for those whose professions in education.
The key legislative provision that
The first milestone in the text only drug from the penal point of view art is .731 where you list a series of pipes in a very accurate and specific and a very high threshold of pain, from six to twenty years. Then there is the case instead of the minor. In this case, is expected to penalty of one to six years.
penis are all very high possibility of authorizing the adoption of precautionary measures.
Let's see how this article provides for punishment much higher than those for the robbery or rape, then we see that the soil in which we move are provisions to reach a very severe.
Besides facilitating the conduct and inciting the risk profile for an educator can be given in the event competition.
Returning to the example where you are in the car with someone who has drugs. Well here we are really facing a possible bankruptcy of a fee dispute. If that person has and you are aware you may have strengthened its principle to conduct themselves with substances also above the limits tabellari.2.
addition to the main provision provided for in the penal point of view point out the art. 753 even if we are interested just in the relative regulations related to personal use for which there is an administrative procedure, and then the problems are minor. Aggravating
We see some aggravating. Penalties art. 73 increased by a third to half when the narcotic and psychotropic substances are intended for people aged child. This also involves the case where you have to do with a user often minor. Additional aggravating to those induced to committing crime or together in the commission itself a addict stupefacenti4 substance use. And yet the aggravating circumstance is if the offer or sale is made in the vicinity of schools, community youth, hospitals, prisons, barracks, care facilities and rehabilitation of drug addicts. So let's see how it has to do with not just a penal provision already significant (from six to twenty years) but with a possibility of a very strong exacerbated by a third to half of the sentence.
Facilitation and instigation
Let's see what are the provisions that are provided in the Consolidated Narcotics about the conduct or facilitation of incitement and which go beyond the general shape provided under "incitement to murder" of the Criminal Code. In addition to the "historic" Article 775 on the abandonment of syringes, an article that was very recently done by the judiciary and on which much has been done propaganda6 is art. 797 which I think very interesting people to practice their profession as an educator, proximity operations, operator of outdoor units. Quoting the article "anyone used or allows it to be used as a public or a private club for a meeting place for people who work the use of drugs shall be punished, only for this fact from 3 to 10 years" and, continuing to slide: "Anyone having the availability of a property, an environment or a vehicle that is used or suitable allows other used it as a meeting place for people who give themselves to the use, shall be punished with the same penalties. "
Going to the case where a youth center or similar times are reported episodes of drug use in theory may provide the context of this criminal offense.
offense to immerse ourselves in the experience of the territory, now in Bologna has been applied to some public places and spaces that managed that were closed with its estimate of the seizure under the provisions of art. 79 because in these areas was supposed to use drugs.
We're going to see other cases on these pipelines.
Art 82 "Incitement, proselytizing, induction of a minor offense" 8 "Whoever publicly incites unlawful use of substances, including privately held or proselytizing, or induces a person to such use, shall be punished with imprisonment one to six years. The penalty is increased if the act is committed by several persons in respect of persons aged child, or within and adjacent to schools, community youth and barracks. There are also increases penalties if the child has less than 13 years, there is a ban on the advertising campaign, "and so on. etc..
Freedom of care and secrecy
So far, the offenses under in general category.
Then there are specific cases that call into question the principle of free care and secrecy that is planned, in this single text, for health workers and staff that is headed to public services for drug addiction. These figures may be a first core theory can be extended also to those who perform the profession of teacher proximity.
Let's see, about two extremely important articles relating to probation and other modes of execution of detention where the law Fini Giovanardi has introduced a mutation in the our system compared to the previous scheme in that, whereas before there was in of Therapeutic almost a duty of confidentiality to those who were in charge, now art. 899 and art. 9410 on probation and the suspension of the prison provide certain reporting requirements. Going specifically to the art. 5a we see that paragraph 89 provides that the manager of the institution which takes place therapeutic recovery program is required to notify the court violations committed by the person subject to the program, when such violations involve a crime, the court I will then inform the competent authority for the withdrawal of the proceedings.
Why is this one also notifiable?
To be in custody on evidence that the suspension of the imprisonment of this law has greatly expanded access to these measures: it has expanded the minimum sentence to six years earlier than the margin, providing, for example, for soft drugs, penalties ranging from 6 months to 4 years or one to six years. In addition, this law provided that any person in any type of crime, outside of specific crimes clearly identified by law, if the latter declares alcohol dependence or drug addict and intends to follow a recovery program, up to six years of the sentence, may do so at a therapeutic community. This will be confusing to the ground with care to care. In some cases it may be instrumental in the state to serve alcohol dependence or drug addict, under six years, a non-custodial sentence in structure, but in this way, the legislature has incorporated this reporting requirement, which comes at the expense of the routes most sincere care and recovery.
Outside of these cases there is always the possibility for those who are placed in institutions such as the Ser.T. or in facilities provided by art. 11,611 (which we examine in particular) to take advantage of professional secrecy in the course of business. This is an important extension of this possibility because of professional confidentiality (pursuant to art. 200 of the Code of Criminal Procedure) we can have genuine sincerity of the cure and protection for the operator. This provision is provided for by Article text only .120 "voluntary therapy anonymity:" Anyone who does may require the use of substances Ser.T., or a private facility authorized specifically for the task of diagnosis, the anonymity " .
We see in particular the seventh paragraph of the article: "operators Ser.T. and private structures authorized under Article .116 prejudice to the authority with the duty to report violations committed by the person undergoing treatment program alternative to administrative penalty or execution of sentence of imprisonment can not be compelled to testify on what they have known by reason of her profession, or in front of court or in front of other activities. " The same Article shall apply. 200 of the Code of criminal procedure, this is the Article governing professional secrecy operators to professions such as doctor and lawyer and that says that those who have such jobs is not required to disclose "can not be forced to testify about what they knew because of his ministry, office, profession, except in cases where they have the obligation to report to the court, the ministers of religious denominations, lawyers, doctors, surgeons, pharmacists and any other party operating a health profession. ". It 'important from this point of view, the phrase "any other party operating a health profession" at the level of classification of the category of proximity operators, educators. This is because lawyers or doctors have a protective force membership of a professional body is not provided, together with the code of practice for those who acts as an educator. Let me give an example, if my lawyer to ask for some information with respect to a proceeding in which I load, unless I make use of professional secrecy commit an offense that can lead to radiation, in which case There is also an internal tool that further strengthens the protection of segreto.12
Therefore a first key that you can explore for the extension of guarantees to those who perform the profession of proximity operations would be the extension of the seventh paragraph of art. 120 to those who have the status of proximity operations through an extension of the figure of the socio-health or by the addition of a specific tradition in art. 120. However, without the need for innovation legislation only provides the text of an article which until now has been little used. Going to see the title 10 of the single text, it provides the opportunity for prevention activities within schools, activities now rarely used in our countries and which provide information and educational activities, activities that for example, has as its object the promotion of cultural events also take place outside school as well as coordination with efforts made by the public in particular primary prevention among key players in the work of street educators. To accomplish these educational tools only provide the text art. 105 which speaks of education and prevention initiatives are supported by training courses for teachers and the possibility, as shown in paragraph 5 to "organize health education training courses, on the damage caused to young people the use of drugs and the criminal phenomenon as a whole. " The powers of regional
The regional and provincial powers provide a range of skills including the ability to use public and private facilities authorized useful analysis of the clinical, psychological and social health of the addict, to monitor relationships with family and the development, implementation and monitoring of the treatment program, but also the design and implementation of prevention interventions.
Prevention
What is interesting in the activity of the educator proximity is the possibility of intervene earlier.
As the law thus provides the possibility of the existence of something that is not already an after, when the person is already addicted to drugs, is already charged to a program of therapy and rehabilitation, or is suffering from a pain? Article. 11413 .11514 art and give them tools, but to date have not been very upset by local authorities. Art. 114 we see how the pursuit of prevention and recovery may be entrusted to the municipalities or the relevant health service or private organizations under Article .116, but there are also subsidiary bodies and in these we can also foresee the cooperatives and private social , authority by which many of the people who play the role of educators street. Indeed .115 Article provides that "municipalities, mountain communities, their consortia, Ser.T., the centers provided by art. 114 (just seen) may benefit from the assistance of volunteer groups or entities included in art. 116, individuals performing these activities aimed at the prevention of psychosocial distress, care, treatment, rehabilitation and reintegration of drug addicts, or association or their adoption agencies for purposes of educating young people, socio-cultural development of the personality, training and employment assistance. The managers of these services may authorize appropriate persons to attend courses that are useful for the work of prevention, recovery and reintegration. "Where this tool was used by local authorities and were taken out of the conventions through these articles could be extended to street educators the guarantees provided for medical staff and nurses. It 'clear that upstream will require the identification of a project, the signing of an agreement to that effect, and then we have the possibility, even for those working in this job, make use of professional secrecy and to have greater protection in 'scope of the intervention. It 'clear that all these provisions have a limit: if, for example within a community, as part of an inspection, you find a sling and 100 gr. of hashish what is not covered by legal professional privilege, there is always a limit to be assessed when the facts of crime are so manifest. Capiamoci, the operator has no direct obligation to report, but certainly can not make assumptions of character to predict bankruptcy. Different thing the episode described above, or rarely see the episode of consumption and passage of a joint, well, taking it again to repeat that it would be covered by the protections provided through the adoption of the tools outlined above.
Speaking of street educators and street units, we stress that although the text only from this point of view discounts the fact that it was enacted in 1990 and that further action in this area have not innovated deeply in this area at a time when harm reduction interventions have become more frequent in medical protocols, but we see that Article. 120 provides for the right to anonymity for those undergoing health programs, but provides in particular that the social health of the profession to assist people involved in the use of drugs may avail itself of the Ser.T. And so they too can be covered by the protections which apply to staff Ser.T. So too can take advantage of the non-complaint arising from professional secrecy.
return to the central provisions of Article .120 seventh paragraph, which, if extended to those who do prevention activity, can certainly allow absorption of heavy task assigned. Also art. 12215 expressly provides that the definition of the program "the same can be done in collaboration with centers in art. 114 or seek the cooperation of social solidarity in Article. 115 and from this point of view of initiatives to take out a full social integration through vocational guidance and training, activities' public utility 'or solidarity' office. As part of treatment programs that provide for, adopt methods of cessation, as well as' psychosocial and pharmacological treatments appropriate. The service Addiction to monitor the implementation of the program by the addict. "Through the provisions of art. 122 first paragraph and the adoption of the instruments referred to in Articles 114 and 115 of the Consolidated could certainly provide a sort of best proximity operator framework in order to allow an extension of the protections that are scheduled for today health personnel in carrying out their difficult task.
Let's see an example: I
, operator, contacted a guy in the car port. This guy is carrying the drugs, will surely be difficult to provide a body of police charged one of my competition because I, as private citizen, I have an obligation to search and complaint, and then I might not having well-informed of the fact that this person brings the drug. It 'true, however, that the problem may arise where you go into places where groups of young people there is certainly the consumer and where the intervention can be read by some as an event that helps young people to make the intention of certain behaviors. I think in particular the sale or free passage of a few grams of the drug. In these cases, the adoption of a protocol of intervention, be included in a different regulatory framework would allow for the possibility of carrying out the educational profession in a much more correct, safe and secure. Where the type of work varies depending on the place and mode of action of the public force will include the active prevention by extending the regulatory framework would allow social workers to approach these places so much safer from the point of view legislative, not tolerate certain behaviors that are of proven supply of large quantities of drugs. What is amazing is that these tools are provided by the unique, but they were almost never acted except by some local areas, and this is certainly cause for concern because it is seen that through the actions of prevention educators are unable to close not only to monitor the world of consumption, but also to make more effective prevention activity. Through collaboration with schools, this could lead to a ground of discipline that will surely allow more effective action. If the good will the intervention is already well beyond the existing guarantees, that to which, I repeat, we must aim is greater protection of workers like the medical and paramedical staff.
protection which I think should start as early as the drafting of the project or when you should include that the project, according to the articles you cited, the intervention should be included in this framework.
cooperatives they work for the operators if they are placed as auxiliary bodies and agreements are concluded by the local authority with the Ser.T.; then becomes easier for the operator the possibility to extend social health protection provided to doctors and health care professionals such as art. 200 of the Code of Criminal Procedure. Although the social workers is not just a figure of health, if the project is characterized as social and health interventions for prevention may be possible to extend this protection.
Compared to the protection of professional secrecy is important to have legal protections, but it is also true that clarity must be established both within the Ser.T. always, on the streets. For us who work in Ser.T. is unclear why the frame is more sharp and clear. The point is that the border situation where you play to the report, but not only because they are challenged in their relationship with the youth of your identity operator. This is especially true in the profession of the educator of the road must be aware that standing in that line mobile unstructured intervention means not losing sight of all the objectives of the course. It 'clear that the support of the training is vital, I'd like to think of training events in common Ser.T., street workers and police public because it is only in the acceptance of others' work and understanding of the limitation of our study avoid the risk of becoming a hybrid of the operator and the operator over the legal problems you can play your health. Beyond the legal protections the problem is the dialogue between the police forces that they apply the law and who will help children in ways and times that do not always coincide with the law.
In this regard we see the case in England, where, although there has always adopted a medical model rather than a criminal model of regulatory interventions on drugs, there are certainly moments of joint training. The police, they have an obligation to intervene and complaint, then we are in Italy under a requirement of the penale16. You will then have a coordinator and a 'joint action because otherwise the clarity of the role is not to be realized.
last thing on the rules: the art. 12717 with the National Fund provides for action to combat drugs in the regions, including the possibility of creating integrated projects in the territory of primary, secondary and tertiary education, including those for reducing the damage and the spread on the territory of social and health services first responders such as the outdoor units. Only it comes to these tools and are the first means by which perhaps it might be possible to reach a joint determination of areas for action.
It 'clear that a determination requiring action not only in one phase of the onset of the illness or a phase of the onset addiction, but also in the prevention phase allows greater clarity of policy areas.
Educators are often exposed because their work is not known, so even the same institutions that promote their intervention does not know the specific implications and it is hard, then, to require such safeguards. Also sometimes we are faced with lightness by educators who often do not raise the issue of the risks when they go to work in some contexts.
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