Monday, March 24, 2008

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LA PROVINCIA PUBBLICA IL QUADRO DELLE ADDIZIONALI COMUNALI


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CARCERE, CODICE PENALE: PRESENTATO IL TESTO PISAPIA


La proposta di riforma prevede la cancellazione dell'ergastolo, sostituito da una pena massima di 32 anni, elevabile a 38 per i reati più gravi


Abolizione dell'ergastolo, una condanna che e' "piu' simile alla pena di morte". E' la novita' tra le piu' significative del ddl di riforma della parte generale del Codice penale, schema presentato oggi al ministro della Giustizia Luigi Scotti. La commissione di studio presieduta da Giuliano Pisapia stabilisce che il massimo della pena da infliggere ad un condannato deve essere di 32 anni, elevabili fino a 38 anni per i casi di reati piu' gravi.
La relazione del documento sottolinea che sulla scelta di sostituire nel Codice l'ergastolo con la "detenzione di massima durata c'e' stata una lunga e approfondita riflessione". Si e' tenuto conto "della contrarieta' di gran parte dell'opinione pubblica e dei paventati rischi di indebolire la lotta alla criminalita' organizzata"; ma la commissione a larga maggioranza ha deciso "di non prevedere la pena dell'ergastolo", sulla base di dati oggettivi "che dimostrano come la pena perpetua, cosi' come la pena di morte, non ha mai avuto quell'efficacia deterrente che molti prospettano".
L'ergastolo, si sottolinea, e' "una pena iniqua che pone non pochi dubbi di legittimita' costituzionale"; e cancellarlo e' also an "act of civilization 'imposed on grounds of ethical-political' cause life sentence is not 'similar to prison but it' s worth a great deal more 'similar to the death penalty." The Committee adds that life imprisonment is not there 'in many European countries such as Norway, Portugal, Spain, Slovenia, Croatia and Bosnia-Herzegovina. In other states, the Commission points out, even in the abstract provided for life imprisonment "is not applied in practice", as in the Netherlands, Poland, Albania, Serbia and Hungary.


Monday, March 10, 2008

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CONVEGNO "LE PENE DEL FINE PENA"


in Milan on March 12 Antogone the association promotes a meeting on barriers to social reintegration ex-convicts


The association "Antigone Lombardy, in collaboration with the Criminal Chamber of the public meeting Milan organized" THE END OF THE PENIS PAIN - obstacles on the path to social reintegration, " Wednesday March 12 at 18:00 at the Chamber of Labour in Milan, Corso di Porta Vittoria, 43. The meeting
Speakers among others: the reporter Riccardo Bocca, editor of "L'Espresso", which documented - even with a video that will be screened at the initiative - the practical difficulties he encounters a person who leaves the prison, the lawyer Julian Blast and Giorgio Bertazzini, protecting rights of persons confined in the Liberties of the Province of Milan.
"Most of those detained in Italy - says Alessandra Naldi, head of Antigone Lombardia - are not in prison for having committed particularly serious crimes such as murders, rapes or physical violence, it is mostly of individuals responsible of minor offenses such as theft, drug-related offenses. There are also many foreign prisoners who have committed real crimes but who remain in jail for months simply because they have violated the provisions of the Bossi-Fini "law on immigration. For these people would be much more useful (as well as less costly for the community) develop effective social interventions and to use alternative punishments to imprisonment. The prison often end up instead to become an insurmountable obstacle to that social reintegration should be, according to our constitution, the real purpose of the sentence. "Anyone who leaves the prison, even after short periods of detention, has great difficulty in finding a job in order and start an honest life, not to mention that it is in prison for many who come in contact with the criminal world much more organized and powerful than what you knew before.
"Always the Centre prison and territory insists that local citizens will make on the problems of detainees, even in the most delicate moment of the release instead - Corrado Mandreoli complaint, a spokesperson for this major network reality Milan dealing with prison - in these days in Milan we had to further cuts in services that dealing with these problems, even putting at risk the continuity of essential operations in the field of hospitality and of accompanying social and occupational exit from prison. "

Antigone, Association for the rights and guarantees in the criminal justice system ", was born in the late eighties in the wake of the magazine against the emergency brought, among others, by Luigi Ferrajoli, Massimo Cacciari, Stefano and Ross Rodotà Rossanda. It is a political-cultural they adhere mainly scholars, judges, prison workers, parliamentarians, teachers and citizens who for various reasons are interested in criminal justice. Has the statutory purposes to the study, research and cultural awareness on the issue of law, human rights, justice and punishment. Promotes initiatives to extend the debate on these issues and the matters arising from them in political debate, to develop a growing emphasis on social rights and guarantees in the criminal justice system, to analyze and disseminate information and knowledge with prison life in order to achieve compliance with the constitutionally provided for the purpose of a prison sentence. For years, moreover, Antigone is also involved in Lombard Volunteer Conference Justice and member of the prison and within the city of Milan.

Friday, March 7, 2008

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PERMESSI 104: PARERE DELLA FUNZIONE PUBBLICA

On 18 February 2008, the Department for Public Opinion released a (the number 13/2008) on certain aspects of application of work permits granted to family members of people with severe disabilities. This is a relevant provision as it affects all public employees , although it may be revised in future as it is awaiting a ruling on these issues by the State Council at the request of the Ministry of Economy.
The opinion, issued in response to a specific question, relates to the requirements of continuity and exclusivity of care introduced by Law 53/2000 . As you recall, Article 20 stated that workers have the facilities, "even if the other parent is not entitled." The work permits, were also extended "to the family workers working relationship with public or private, to assist with continuity and exclusively a relative or affinity within the third degree of handicap, although not living together." The work permits, therefore, deserve - regardless of from living together - even those family members who provide assistance with continuity and exclusively to people with disabilities grave.I concepts continuity and exclusivity were subject to different interpretations by social security institutions (INPS and INPDAP) and of the Ministry of Labour. Now the Department of Public orientamento.Vale expresses its worth remembering that the continuity and exclusivity of the assistance, however, are not relevant in the case of permits granted to parents of people with disabilities living with them.

Continuity

The Department believes that the legislature intended collegare in senso stretto la concessione dei permessi al requisito definito dall'articolo 3 comma 3 della Legge 104/ e cioè collegando la situazione di gravità alla necessità di un intervento assistenziale "permanente, continuativo e globale": la situazione di handicap grave, richiede per definizione l'assistenza continuativa.

Secondo il Dipartimento Funzione Pubblica la continuità sussiste soltanto quando l'assistenza è prestata non in maniera saltuaria od occasionale ma "con assiduità e costanza, in modo tale da prestare un servizio adeguato e sistematico ossia regolare alla persona handicappata". Si tratta, fin qui, di considerazioni non dissimili a quelle espresse by INPS and INPDAP. But the Department also states that the continuity of care is not the purpose of the permit, and this could not be given the consistency of these small, amounting to three days a month, but it is, on the contrary, the assumption of fact legitimizing .

In essence, if not pre-existing continuity of care, systematic and constant outside of work, permits are not granted.

After these clarifications, the Department provides no guidance for the practical application, even Department Civil Service states that the exclusivity it is understood that there is only one employee that requires work permits and benefiting from it. These should be granted, so even if there are other people in the household can provide assistance. In this, the Department is in line with the guidelines already provided by INPS and the Ministry of Lavoro.La condition is self-certified by the person concerned, and assessed by the competent authority. gives discretion to the authorities concerned: "the situation will be assessed from time to time and depending on the specific circumstances by the authorities concerned." The condition of continuity is self-certified by the person concerned, and assessed by the competent authority (usually the personnel department or human resources).

Exclusivity

The Department for Public Administration states that the exclusivity it is understood that there is only one worker that requires work permits and benefiting from it. These should be granted, so even if there are other people in the household can provide assistance. In this, the Department is in line with the guidelines already provided by INPS and the Ministry of Labour.

The condition is self-certified by the person concerned, and assessed by the competent authority.

Wednesday, March 5, 2008

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TARIFFE GIORNALIERE 2008 PER LE PRESTAZIONI IN RSA, RSD E CDD

From 1 January 2008 daily rates for benefits provided in Rsa (Residenze sanitarie per anziani), Rsd (Residenze sanitarie per disabili), Cdd (Centri diurni per disabili), a carico del Fondo sanitario regionale sono ripartite come segue:

Delibera 6677 del 28 febbraio 2008