Italy gives go-ahead to self-defence law

The Local Italy
The Local Italy - [email protected] • 4 May, 2017 Updated Thu 4 May 2017 14:41 CEST
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UPDATED: Italy's Chamber of Deputies on Thursday voted in favour of a bill which will extend people's rights to "legitimate defence".


The new law would make it legitimate to respond with force to robbers or burglars who enter a property, even if this proves fatal. However, it won't come into force until the Italian Senate also gives it the green light, after the lower house of parliament passed the bill with 225 votes in favour and 166 against.

Under current Italian law, accused parties usually have to show they had reasonable grounds to fear for their own life to avoid a murder charge. Some judges however have also allowed a "legitimate defence" argument based on a pattern of being regularly targeted by criminals. 

The amendments would change the requirements for claiming "legitimate defence" by extending them to include any nighttime break-in, or a robbery attempt involving threats or violence to people or things.  

But robbery victims would still need to prove "proportionality" between the offence and their defence.

The bill has been in parliament for two years, but camr back into the spotlight after an investigation was opened in March into a restaurant owner who shot a burglar dead. The case sparked controversy across Italy and outrage from right-wing politicians in particular. 

There was also a strong display of public support for the shooter, with the restaurant in Gugnano near Milan packed with villagers, politicians, and reporters at lunchtime the following day.

Mario Cattaneo, 67, killed the burglar with a single shot from his hunting rifle after hearing intruders breaking into his restaurant during the night. He was placed under investigation for voluntary manslaughter - a crime which carries a minimum prison term of 21 years.

Maurizio Gasparri, a close ally of Silvio Berlusconi, immediately launched an appeal for funds to pay the restaurateur's legal bills.

However, Berlusconi's Forza Italia party, the far-right Northern League, and the Brothers of Italy all voted against the bill on the grounds that robbery victims' rights are still not sufficiently protected under it.

Northern League members carried banners saying 'Defence is always legitimate', and the party's leader Matteo Salvini cried out "Shame, shame!" in response to the result. He was removed from the chamber due to rules prohibiting showing signs of approval or disapproval.



The Local Italy 2017/05/04 14:41

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