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10. Italian legislation and judicial competences in the fight against trafficking and smuggling10.ITALIAN LEGISLATION ANDAJUDICIAL COMPETENCES IN THE FIGHT AGAINST TRAFFICKING ANDSMUGGLINGThe results presented in this final summary report, both quantitative in chapter 11and qualitative in chapter 12, as well as the de iure condendo perspectivesarticulated in chapter 13, refer to the legal framework in force when this projectwas drafted and the relevant data gathered by the survey instruments and theinterviews conducted with the prosecutors. 124 However, this legal framework hasbeen profoundly innovated to conform with the international and Europeanstandards described in chapters 6 and 7 of this report by law no. 228 “Misurecontro la tratta di persone” (Measures against Trafficking in Persons) enacted on 11August 2003 and published in Gazzetta Ufficiale no. 195 of 23 August 2003, whichhas significantly altered the criminal law in force from both the substantive andprocedural points of view, as well as reorganising the competences of theresponsible offices.Given the importance of these innovations, examination of the main changesintroduced in the system for the fight against trafficking and smuggling is crucial.At the same time, without detailed examination of the law in force when the datawere gathered, it would be difficult to understand the results set out in this report.This chapter divides into two sections:The first section (“The new law against trafficking in persons and its relationshipswith the United Nations Convention”) analyses the main changes made to the lawwhile the report was being completed, comparing them against the standardsadopted by the international community. Of course, this will be only preliminaryanalysis of the new anti-trafficking legislation, given that it came into force on 7September 2003 and no other scientific study to support the commentary is yetforthcoming.The second section (“The criminal law provisions referred to by the surveyinstruments and the interviews”) instead provides a panorama of the legalprovisions in force when the data were collected and conducts more detailedexamination of the criminal offences relating to the criminal phenomena inquestion. The majority of these provisions are still in force even after the new antitraffickinglegislation of August 2003. In order to prevent possible confusion, thelegislative modifications will be spelled out in the footnotes.The treatment has been organised in this way so that the reader can:124 More specifically, chapter 11 deals with the crimes connected to trafficking in persons and/or smugglingduring the investigation or committal to trial phases, or for which a sentence had already been issuedduring the period from June 1996 to June 2001, while chapters 12 and 13 set out the results from theinterviews conducted with the prosecutors working in the offices most active in the fight against traffickingand/or smuggling during the period between 8 July 2002 and 29 November 2002.83
10. Italian legislation and judicial competences in the fight against trafficking and smuggling- easily interpret the results of the surveys and of the interviews conducted withthe prosecutors in the light of the law in force at the time; and- compare the results of the project with the legislative innovations introduced inthe meantime.Section IThe new law against trafficking in persons and its relationships with the UnitedNations Convention against Transnational Organised Crime10.1 F10.1 FROM PARLIAMENTARY BILL NODIRECTIONS IN THE FIGHT AGAINST TRAFFICKING ING IN PERSONSLL NO. . 1255/2001 TO LAW NO. . 228/2003: ORIGINS AND NEWEvident when reading the travaux préparatoires for the final version of the newanti-trafficking law (law no. 228, 11 August 2003) is the political and technicaleffort made across two legislatures to remedy shortcomings in the legislation ontrafficking in persons. The text of the law, which was necessary to comply with theinternational undertakings consequent on Italy’s signature to the PalermoConvention, was subject to fully four readings and a process of modification thatlasted for more than two years before the text’s final approval. 125Brief consideration should be made of the travaux préparatoires for the recent antitraffickinglaw in order to understand its rationale and the importance of a textthat, although it consists of only 16 articles, nevertheless has strongly innovativecontent.The draft bill tabled by a group of MPs on July 2001 126 proposed once again, albeitwith minor modifications, a text already presented during the previous legislatureon “trafficking in human beings”, this being the expression used at the time fortrafficking in persons for the purpose of exploitation. 127 The proposal was laterconverted into a Government bill with the same contents, 128 which was presented tothe Chamber in November 2001. 129The parliamentary and governmental documents were based on the sameconsiderations as regards trafficking in persons: the phenomenon had grown to125 The text, presented to the Camera dei Deputati (Chamber of Deputies) by On. Finocchiaro on 9 July 2001(doc. n. 1255), was assigned to the II Commission (Justice) and approved on 21 November 2001. It was thenexamined by the Senate (doc. n. 885) and approved with modifications and re-presented to the Camera deiDeputati on 26 February 2003 (doc. 1255-B). The Camera approved the modification with ConsolidatedText, doc. n. 1584 (bill tabled by the government) and sent it once again for examination by the Senate(doc. n. 885-B), which approved it with further modification on 4 July 2003. After assignment to the IICommission (Justice) and its approval on 30 July 2003, the text became law on 11 August 2003 and enteredinto force on 7 September 2003.126 Parliamentary proposal for a law no. 1255, presented on 9 July 2001.127 See Camera Document no. 5350-A (XIII Legislature).128 See bill no. 1584, presented by the Government on 18 September 2001.129 See the consolidated text No. 1255-A approved by the II permanent Commission (Justice) on 15November 2001.84
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TRAFFICKING IN PERSONS ANDSMUGGLING
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Table of contentsTABLE OF CONTENTS1
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Table of contents10.4 Assistance an
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Table of contents13.1.5 Atypical in
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1. Acknowledgementsthe interviews w
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2. Executive summary2.EXECUTIVE SUM
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2. Executive summaryDuring phase V,
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2. Executive summaryAs regards the
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2. Executive summaryIncidente proba
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2. Executive summary- Establish the
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2. Executive summaryUpdate to the r
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3. IntroductionThe need for reliabl
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3. Introductionpersons and on the s
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4. Goal, objectives and phases of t
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5. Operational definitions5.OPERATI
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11. A map of the phenomenon in Ital
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12. The results of the interviews c
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14. Conclusions14.CONCLUSIONSThis r
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14. Conclusionswithin forty-eight h
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14. Conclusions- Increase European
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14. Conclusions- Provide social sup
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ANNEXASURVEY ON CASES OF PEOPLETRAF
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Annex AData related to the case:Cas
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Annex AQuantity and nationality of
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Annex ANumber of persons for whom o
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Annex BINDEXFIRST PART - THE PHENOM
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Annex B1.1 Smuggling of migrants (t
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Annex B13. How much do the migrants
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Annex B2.2 The perpetrators of traf
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Annex Bmeasures, tailing, infiltrat
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Annex B45. What kind of internation
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