LABITA v. ITALY JUDGMENT
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income from the proceeds of crime; and (c) anyone who on account of his
conduct must be regarded on the basis of factual evidence as having
committed offences endangering the mental or physical integrity of minors
or posing a threat to society, security or public order.
104. Section 3 of Law no. 1423/56 provides that persons who are a
danger to society may be placed under special police supervision. That
measure may be accompanied, if need be, by a requirement not to stay in
one or more named towns or provinces or, if the person concerned is
considered to be particularly dangerous, by a compulsory residence order
requiring him to live in a named municipality (obbligo di soggiorno).
105. Jurisdiction to make such orders is vested exclusively in the court
sitting in the provincial capital. The court sits in camera and must give a
reasoned decision after hearing the representative of the public prosecutor's
office and the person on whom it is proposed to impose the measure, who
has the right to lodge memorials and to be represented by a lawyer. Both
parties may appeal within ten days. Lodging an appeal has no suspensive
effect. A further appeal lies from the court of appeal to the Court of
Cassation.
106. When imposing a preventive measure, the court must fix its
duration – between one and five years maximum – and specify the
conditions with which the person concerned must comply.
107. Under Law no. 575 of 31 May 1965, which was amended in 1982,
preventive measures in the form of an order for special supervision,
compulsory residence or exclusion may be imposed on persons against
whom there is evidence (indiziati) that they belong to a mafia-type
organisation.
108. Law no. 327 of 3 August 1988 provides that a person can only be
ordered to reside in the town where he has his domicile or residence.
109. Lastly, in cases where the trial has started, Law no. 55 of 19 March
1990 empowers the courts to suspend proceedings relating to the application
of preventive measures until the conclusion of the trial.
F. Provisions on disenfranchisement
110. Article 2 of Presidential Decree no. 223 of 20 March 1967 provides
that, inter alia, persons on whom preventive measures have been imposed
by a court order or an administrative decision shall be disenfranchised.
111. Article 32 § 1 (3) of that decree provides that in such cases the
prefect (questore) empowered to enforce such measures shall notify the
municipality where the person concerned resides of any decision entailing
the loss of civil rights. The municipal electoral committee shall then remove
the name of the person concerned from the electoral register, even outside
one of the usual periods for updating the lists.