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Italy Terrorism Legislation: Art. no. 270 of the Italian Criminal Code

The latest jihadist attacks in Europe have brought attention to terrorism law in Italy. For this reason, today we deal withArticle no. 270 of the Italian criminal code and Decree Law no. 7/2015, converted into law no. 43.

In a nutshell, today we deal with the subject of the Italian anti-terrorism law and the related penalties and sanctions.

Italy Terrorism Legislation: Law no. 43/2015 

Law no. 43/2015 lists "urgent measures to combat terrorism, including that of an international nature".

With “terrorism” is meant a behavior that, due to its nature or context, can cause serious damage to a country or an international organization and it is carried out for the purpose of intimidating the population or forcing public authorities or international organizations to perform or refrain from performing some act. Otherwise, terrorism can refer to a behavior destined to destabilize or destroy the fundamental political, constitutional, economic and social structures of a country.

The Law on terrorism in Italy has introducedimportant changes. Among them:

• Heavier penalties for foreign fighters, such as:

• imprisonment from 5 to 8 years for those who engage in acts of violence, with the aim of terrorism;

• imprisonment from 5 to 8 years for anyone who organizes, finances or advertises trips to foreign countrieswith the aim of engaging inacts with terroristic purposes;

• imprisonment from seven to fifteen years for those who recruit one or more people with the aim of committing acts of violence or sabotage of essential public services, with terroristic purposes, even if against a foreign state, an institution or an international body;

• seven to fifteen years imprisonment for anyone who collects, distributes or makes available goods or money, however generated, to be used in whole or in part for terrorism, regardless of the actual use of the funds in relation to of the aforementioned conducts;

• imprisonment from 5 to 10 years for those who, after having independently learnt the techniques forusing firearms or explosives, train or otherwise provide instructions on the preparation or use of explosive materials, firearms or other weapons, noxious or dangerous chemical or bacteriological substances, as well as any other technique or method for committing acts of violence or sabotage of essential public services, with the purpose of terrorism, even if against a foreign country.

The use of IT or digital tools represents an aggravating circumstance when aimed atcommitting acts of terrorism, incitement and apology for terrorism. Similar aggravating circumstances are introduced for the production and detention of false documents.

Other changes concern:

• Proselytism on the web, with the introduction of measures aimed at contrasting foreign fighters’ proselytizing activities through the internet.

• Explosive persecutors, with the introduction of two new crimes in the criminal code, relating to the abusive detention of explosives precursors and the failure to report thefts or disappearances of the same to the authorities.

• Preventive wiretapping for investigations of terrorism;

According to the provisions of Article 270b of the Italian Criminal Code, anyone who promotes, establishes, organizes and finances associations with the aim of committing acts of violence with the aim of terrorism (even when they are directed against a foreign state, institution or international body) or subversion of the democratic order is punished with imprisonment from seven to fifteen years.

For those who participate in these associations, imprisonment is from five to ten years

Confiscation of things that are to be used to commit the crime, or of things that are its price, its product, ita profit or constitute the use of the crime is always compulsory.

Art. 270-bis.1 lists aggravating and mitigating circumstances. For crimes committed for the purposes of terrorism or subversion of the democratic order and punishable by a penalty other than life imprisonment, the penalty is increased by half, unless the purposes of terrorism or subversion of the democratic orderare a constitutive element of the crime.

Instead, aperson who commits a crime for the purpose of terrorism or subversion of the democratic order and voluntarily prevents the event and provides decisive evidence for the exact reconstruction of the fact and the identification of any accomplices is not punished.

Italy Terrorism Legislation: have you been chargedwith terrorism offences in Italy? 

Arnone & Sicomo Law Firm has an international criminal law department with lawyers specialized in serious crimes such as those related to international terrorism.

Our lawyers can assist you at all stages of the trial, including before the Court of Cassation.

Do you need assistance in criminal proceedings in Italy for facts related to international terrorism? Contact us.

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