Pagina dettaglio corso numero uno

Decree-Law No. 23 of 24 February 2026 – the recently adopted so-called “Security Decree” – introduces a number of measures affecting different areas of the legal system: the contribution by Pietro Bernardoni, published on Sistema Penale, aims to provide an initial overview of the main innovations concerning criminal and procedural law, accompanied by specific observations on the most critical issues.

Among the various innovations, particular attention is given to measures aimed at tightening sanctions (in relation to the carrying of pointed and bladed weapons) and to the introduction of new forms of administrative liability (regarding the circulation of weapons among minors) as well as criminal liability (through the expansion of the scope of the offence of pickpocketing and the introduction of a new aggravated form of robbery characterized by the presence of an organized group and specific operational modalities).

Further amendments concern the extension of investigative and policing tools, including the expansion of police powers to conduct searches on their own initiative, the introduction of new forms of police escort for identification purposes during public demonstrations, and the extension of deferred arrest in flagrante delicto for certain offences. The decree also intervenes in the field of security measures – introducing new cases of mandatory confiscation in drug-related offences – and in the system of accessory penalties – providing for a new measure consisting of a prohibition on participating in public gatherings.

Overall, these provisions strengthen the repressive and preventive tools available to public authorities, while at the same time raising several interpretative issues and potential questions of compatibility with constitutional principles, particularly with regard to the principle of proportionality and the safeguards related to restrictions on personal liberty.

For the full article, click here.