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Criminal Code

19 October 1930

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Article 416 – “Criminal association”

When three or more persons associate together in order to commit more than one crime, the persons who promote, direct or organise the association shall be punished, for this sole offence, with imprisonment for 3 to 7 years. For the sole fact of participating in the association, punishment shall be imprisonment for 1 to 5 years. If the association is aimed at committing any of the offences referred to in the articles 600, 601, and 602 of the criminal code, the term of imprisonment shall be for 5 to 15 years in the cases foreseen in the first paragraph and for four to nine years in the cases foreseen in the second paragraph.

Article 416-bis – “Mafia-type association”

Any person participating in a Mafia-type unlawful association including three or more persons shall be liable to imprisonment for 5 to 10 years. Those persons promoting, directing or organising the said association shall be liable, for this sole offence, to imprisonment for 7 to 12 years. These provisions also apply to the Camorra and to any other associations, whatever their local titles, seeking to achieve objectives that correspond to those of Mafia-type unlawful association by taking advantage of the intimidatory power of the association.

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Article 600-bis – “Child prostitution”

The provision sanctions with imprisonment from six to twelve years and a fine from 15.493 to 154.937 euros anyone inducing a person under 18 years of age to prostitute him/herself, namely anyone abetting or procuring prostitution involving a minor. Unless the deed constitutes a more serious crime, whoever performs sexual acts with a minor between 14 and 18 years old, in exchange of money or other economic gain, shall be punished with imprisonment of six months to three years and a fine not less than 5.164 euros. If the injured party is younger than 14 years, the offender shall be punished with imprisonment of two to five years. In case the offender is a minor, the punishment shall be decreased between one and two thirds.

Article 600-ter – “Child pornography”

Whoever exploiting a person under 18 years of age performs pornographic exhibitions or produces pornographic material or induce a minor to partecipate in pornographic exhibitions shall be punished with imprisonment for 6 to 12 years and a fine from 25.822 to 258.228 euros. Whoever sells pornographic material is subject to the same penalty. The provision also sanctions with imprisonment for 1 to 5 years and a fine from 2.582 to 51.645 euros anyone distributing, spreading, or advertising pornographic material by any means, including Internet, in order to solicit or sexually exploit minors. It also punishes with imprisonment up to 3 years and a fine from 1.549 to 5.164 euros anyone offering or providing pornographic material, free or not, produced using minors. In these cases the penalty is increased up to two thirds when the quantity of the materials is considerable.

Article 600-quarter – “Possession of pornographic material”

Notwithstanding the provision above of Article 600-ter, whoever knowingly obtains or detains pornographic material produced using  persons under the age of 18 is liable to imprisonment for a term up to 3 years and to a minimum fine of 1.549 euros. The penalty is increased up to two thirds when the quantity of the materials is considerable.

Article 600-quarter.1 – “Virtual pornography”

The provisions of Articles 600-ter and 600-quater shall be applied also when the pornographic material shows virtual images produced by using the images of minors or part of them, but the penalty is decreased of one third. Virtual images shall mean images produced through techniques of graphic processing that are not completely associated with real situations, whose quality of depiction makes unreal situations seem to be real.

Article 600-quinquies – “Tourist initiatives aimed at the exploitation of child prostitution”

“Anyone who organizes or promotes foreign travels which promotes child prostitution or encourages such activity is liable to imprisonment for a term of 6 to 12 years and a fine of 15.493 to 154.937.”

Article 600-sexies – “Aggravating and attenuating circumstances”

“In the cases provided for in Article 600-bis, para. 1 and 600-ter, para. 1, and 600-quinquies, 600, 601 and 602 the penalty is increased by a third to a half if the act is committed on a minor of under 14 years of age. The penalty is increased by a half to two-thirds if the act is committed by am elder relative, a stepparent, or by their spouse or conjugal partner, or a similar person up to the second degree, by a relative up to fourth degree, or by the guardian or a person to whom the minor has been for the purposes of health, care, education, supervision, custody, employment, or in other words, any public official or social worker who is responsible for the minor in the course of their functions or responsibilities. The penalty is increased from a half two-thirds if the offence has been committed against a minor who is physically or psychologically handicapped. In the cases foreseen in Article 600-bis, para. 1 and 600-ter above, the penalty is increased if the offence is committed by the use of violence or threats. In the cases foreseen in Art. 600-bis and 600-ter above, the penalty is reduced by a third to a half if the person has taken concrete measures to ensure that the minor is enabled to become self-reliant and independent.”

Article 600-septies – “Accessory penalties”

In the case of conviction for any of the offences provided in Articles 600, 600-bis, 600-ter, 600-quarter, 600-quinquies, 601 and 602, there is mandatory confiscation of the goods provided for in Article 240, and closure of the business which gave rise to the offences, together with the revocation of the business permit or the concession or authorisation to broadcast. Moreover the conviction provides for the perpetual ban from any job in any type of school and office or service in public or private institutions or organisations mainly attented by minors.

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Article 604 – “Offence committed abroad”

The dispositions of this section, as well as those foreseen by the articles 609-bis, 609-ter, 609-quater and 609-quinquies, are sustained also when the envisaged cases are committed also abroad by an Italian citizen, or against an Italian citizen, or by a foreigner concurrently with an Italian citizen.

Article 605 – “Kidnapping”

Anyone who deprives a person of his/her freedom shall be punished with imprisonment for six months to eight years, and with imprisonment for one to ten years if the act is committed in detriment of an ancestor, a descendant, or a spouse, or by a public official taking advantage of his/her duties.

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