12.07.2015 Views

here - Cooperazione Italiana allo Sviluppo

here - Cooperazione Italiana allo Sviluppo

here - Cooperazione Italiana allo Sviluppo

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

If the accused claims to not knowing the age of the person offended (not beinga regulation, such as Art. 609 sexies, that for acts of sexual violence excludes t<strong>here</strong>levance of ignorance of the age of the offended) the general regulations foreseenfor the accusation of the circumstances are applied, hence to impose theaggravating circumstances foreseen by Art. 600 sexies on the accused, who shouldat least have had the possibility of realising that the minor was under fourteenyears.The most innovative aspect, with respect to the entire preceding regulations iscertainly represented by the second paragraph which introduces for the first time inthe legal system, the punishment for the beneficiary of paid sexual services of aminor. This prevision was introduced on the assumption that t<strong>here</strong> exists acontinuum between the client and the exploiter inasmuch as both, even having verydifferent roles, enter into the same circuit of demand and offer which is at thecentre of the offence against a minor.The provision punishes with an alternative sentence the client of “a minor of anage of between fourteen and sixteen years” 95 , unless the fact constitutes a moreserious offence. The protecting clause is that if the fact is committed by anascendant, even an adopting parent, a tutor or other person for reasons of care,education, instruction, guard or custody the minor is entrusted to, or who has arelationship of living with the minor, then the more serious prevision of Art. 609quater paragraph 1 No. 2 Penal Code is considered.Recently, Parliament approved Law No. 228 of 11 August 2003, whichintroduces some interesting modifications to the framework of regulationsconcerning the trafficking of human beings.The crime of reduction to slavery foreseen under Article 600 of the Penal Codeis modified, describing in detail the activities punished, and above all adapting t<strong>here</strong>gulation to the new forms of slavery characterised by the trade and trafficking ofpersons.The regulation sanctions the behaviour of those who: exercise powers over a person corresponding to those of property rights; reduction or maintenance of a person in a state of continuous subjection,forcing them to provide sexual services, or to beg, or whatsoever services thatcomprise exploitation.The reduction or maintenance in a state of subjection takes place when theconduct is carried out: through violence, threats, deception, abuse of authority, profiting from asituation of physical or psychological inferiority, or from a situation ofnecessity; through promises, or giving sums of money or other advantages to those whohave authority over the person.Beside the work of re-styling Article 600 of the Penal Code, the legislatorradically modifies the juridical case contained in Article 601 of the Penal Code -95It should be remembered that on the basis of the law on sexual violence (l. No. 66/1996) to performsexual acts with a minor of below 14 years is always considered sexual violence.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!