The Security Bill in the Chamber: New Crimes and Crackdown on Protests

1. The fact

   According to reports by Il Sole 24 Ore and Il Dubbio, the Chamber of Deputies has approved the government-sponsored bill aimed at strengthening public security. The matter is currently in a legislative transition phase: the text, approved with 162 votes in favor, is under review by the Senate. It is therefore not a final enactment, but a bill in progress that promises to profoundly amend the Criminal Code. Press reports highlighted how the parliamentary debate focused on transforming certain passive resistance behaviors into full-fledged felonies, raising doubts about the proportionality of the proposed penalties.

2. 

   The laws at stake

   The bill introduces Art. 415-bis of the Criminal Code, which punishes riots within penal institutions. The novelty lies in the punishable nature of passive resistance, namely the mere refusal to obey orders, with penalties up to 8 years for organizers. Furthermore, Art. 1-bis of Legislative Decree 66/1948 is amended, transforming bodily road blocks from administrative offenses into criminal offenses if committed by multiple persons. Finally, amendments to Arts. 146 and 147 of the Criminal Code render the deferral of sentence execution for mothers with young children optional rather than mandatory, leaving the judge with discretion regarding detention based on social dangerousness.

3. What the jurisprudence says

   The case law of the Court of Cassation has traditionally interpreted non-violent resistance as conduct lacking criminal relevance for offenses involving violence or threats. In particular, it has been clarified that so-called sit-ins or passive refusal do not meet the threshold of violence necessary to constitute a riot. Similarly, the Constitutional Court has repeatedly reaffirmed the principle of the best interests of the child, establishing that a mother's imprisonment should remain an extrema ratio. The new bill appears aimed at overriding these established precedents, prioritizing social defense and public order over the protection of family ties or the administrative nature of non-violent protests.

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References: Codice Penale Art. 415-bisD.Lgs. 66/1948Costituzione Italiana Art. 27

Editorial oversight: Avv. Federico Papa·ICAMUpdated 19 September 2026Content drafted with AI support and subject to editorial source checks. Despite these controls, inaccuracies may remain: reports and rectification requests are welcome. Report a correction