here - Cooperazione Italiana allo Sviluppo

which previously punished the trade and commerce of slaves or persons and, in thesecond paragraph, the trade and commerce of minors in order to induce them toprostitution - transforming it into a crime which punishes: trafficking of persons (minors or not) who are found in conditions of slaveryor bondage, as described in Article 600 of the Penal Code; induction or forcing, through violence, threats, abuse of authority or profitingfrom a situation of physical or psychological inferiority or from a situation ofnecessity, or through promises or giving sums of money or other advantagesto the person who holds authority over the person - to permit entry or to stayor to leave State territory, or transfer the person within the State, with the aimof committing crimes of reduction or maintenance in slavery or bondage.The new disposition is not therefore limited to punishing the behaviour oftrafficking with the aim of exploitation of prostitution but is enlarged to every typeof behaviour, considering however - analogically that which is foreseen underArticle 600 of the Penal Code - the minor age of the victim, the objective ofexploitation for prostitution or for extracting organs, as hypotheses of aggravationof the basic punishment. The basic punishment of imprisonment from 8 to 20 yearsmay be increased by one third to one half in this last hypotheses.Analogous sanctions are established even for the hypothesis of acquiring andalienation of slaves under Article 602 of the Penal Code.Of not minor importance as well is the introduction of associative behaviourdirected towards committing one of the crimes foreseen under Articles, 600, 601and 602 as a specific prevision and aggravated by Article 416 of the Penal Code.On the trial side it is established that the competence for these crimes passesfrom the Court of Assizes to the Tribunal of a collegial composition and that thepublic prosecutor in charge of the investigations will be the prosecutor of theRepublic of the district court, analogically to that which occurs for crimes related toorganised crime.For the new criminal juridical cases, the practice of under cover investigativeactivities and wider amplitude of cases for which telephonic interception may beundertaken is allowed.Moreover, the public prosecutor is permitted to delay the emission of libertyrestriction measures and of those of seizure if it is proved necessary to acquiresubstantial elements of proof, or the identification or capture of those responsible.Identical powers are given to the officials of the judicial police for provisions undertheir responsibility.Finally, the preliminary investigations are of a longer duration which can beprotracted up to 2 years for the new crimes introduced under the Law.b) The co-presence of deflationary trial mechanisms and penal andpenitentiary prizesFrequently the result in terms of sanctions inflicted in trials relating to thetraffic of persons for sexual exploitation “leaves a bad taste in the mouth”: evenwithout measuring the efficacy of a penal system in terms of major or minor