here - Cooperazione Italiana allo Sviluppo

The fight against criminalityEvaluate the efficacy of the fight against criminality in this specific sector is arather complex undertaking. In the pages that follow we will therefore limitourselves to giving a picture of the existing situation of the regulations and theinvestigation and judicial cooperation, providing, if not an exhaustive reply, at leastsome points of reflection on the subject. Lastly we will try to provide someevaluation element of the recent proposals for modifying the legislation onprostitution, with particular reference to the possible consequences on thephenomenon considered.a) Criminal juridical casesThe fan of incriminating criminal juridical cases that are used for theproceedings connected to the traffic of women and minors for sexual exploitation israther wide, even before the introduction of the specific offence of traffic ofpersons (Article 600 as modified by law 11 August 2003 No. 228). These criminaljuridical cases are to be found in the Penal Code as well as in special legislation.Above all Art. 12 d.lgs. 286/1998, recently modified by the Law No. 189/2002:this punishes those who “make direct deeds to procure the entry into the territoryof the State of a foreigner or direct deeds to procure the illegal entry into anotherState of which the person is not a citizen and does not possess a permission ofpermanent resident”, foreseeing, in the third paragraph, a more seriouspunishment 88 for those who undertake this activity “in order to obtain a profit” orif the fact is committed “by three or more persons together or using internationaltransportation services or forged or counterfeited documents however illegallyobtained”.Further more serious punishment is foreseen under paragraph 3 bis wheneverthe entry or illegal stay of five or more persons is obtained, or there is a situation ofexposure to danger of the life or safety of persons for whom the entry and stay isobtained, that is to say that such persons have been exposed to inhuman anddegrading treatment.It is worth underlining that, starting from the interpretative difficulty that someof these adjectives pose, not only are the activities regarding entry sanctioned, butalso those regarding the stay: entering, therefore, in the framework of behaviourliable to punish all activities of those who in whatsoever manner have contributedto the illegal stay of persons, in the territory of the state (for example procuring alodging).Paragraph 3 ter foresees that, “if the facts of paragraph 3 are undertaken torecruit persons to place in prostitution or even sexual exploitation that is to sayregarding the entry of minors to employ in illicit activities with the aim of favourexploitation, the punishment applied is from five to fifteen years in prison and afine of 25,000 Euros for each person ”.88The hypothesis foresees an alternative punishment to prison of up to 3 years and a fine of 15,000Euros, the increased hypothesis of the third paragraph: prison from 4 to 12 years and a fine of 15,000Euros for each person.