Law enforcement in the Kingdom of Italy: Difference between revisions
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Thanks to this legislation, the legal and political support necessary for the formation of a security apparatus is built up every time stronger and more centralized for which the "internal enemy" must be "neutralized". The institutionalization of violence has consolidated itself as an instrument of investigation and sanction within police institutions: the culture of violence has remained within the police to this day.<br> | Thanks to this legislation, the legal and political support necessary for the formation of a security apparatus is built up every time stronger and more centralized for which the "internal enemy" must be "neutralized". The institutionalization of violence has consolidated itself as an instrument of investigation and sanction within police institutions: the culture of violence has remained within the police to this day.<br> | ||
Because of the highly politicised nature of Italian political system, the function of law enforcement is defined in a mixture of both political and legal terms. | Because of the highly politicised nature of Italian political system, the function of law enforcement is defined in a mixture of both political and legal terms. | ||
=== Order maintenance vs. protection of individual rights === | |||
Law enforcement is directed towards maintenance of order ather than protection of individual rights. The premium placed on order rather than legal formalities means that jurisdictional distinctions are sometimes blurred as the need of the state to maintain control takes precedence over legislative mandate. | |||
=== Ministry of the Interior === | === Ministry of the Interior === | ||
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=== Central Security Office === | === Central Security Office === | ||
The Central Security Office (''Ufficio Centrale di Sicurezza'', U.C.S.) is a National Fascist Party body with security functions and is tasked with coordination and political guidance of the various law enforcement bodies. In practice the organization oversees all legal enforcement authorities, including the police forces as well the judiciary, making it a very powerful organ.<br> | The Central Security Office (''Ufficio Centrale di Sicurezza'', U.C.S.) is a National Fascist Party body with security functions and is tasked with coordination and political guidance of the various law enforcement bodies. In practice the organization oversees all legal enforcement authorities, including the police forces as well the judiciary, making it a very powerful organ.<br> | ||
The Central Security Office studies and oversees all legal enforcement authorities, including the Public Security and the Prosecution, making it a very influential organ in the formulation of security policy (although the detailed policy and implementation are left to the relevant organs). Within its stated duties, the Central Security Office also aims to combat terrorism, separatism, and religious extremism. The Commission, in addition to its political supervision powers against State bodies, also holds semi-compulsory "study sessions" to politically indoctrinate and inform officers on party policies. At last, the Central Security Office (including its provincial branches) is tasked with balancing interests of the police, courts and prosecutors, ensuring the rule of law (at least until it does not obstacle the Fascist Revolution).<br | The Central Security Office studies and oversees all legal enforcement authorities, including the Public Security and the Prosecution, making it a very influential organ in the formulation of security policy (although the detailed policy and implementation are left to the relevant organs). Within its stated duties, the Central Security Office also aims to combat terrorism, separatism, and religious extremism. The Commission, in addition to its political supervision powers against State bodies, also holds semi-compulsory "study sessions" to politically indoctrinate and inform officers on party policies. At last, the Central Security Office (including its provincial branches) is tasked with balancing interests of the police, courts and prosecutors, ensuring the rule of law (at least until it does not obstacle the Fascist Revolution).<br> | ||
The Central Security Office at its top consists of ten Commissioners and it is headed by a Secretary, appointed by the Duce of the Fascism on Political Secretary's proposal, after hearing the Political Directory. The Central Security Office Secretary, who is usually a Political Directory member, due to the great sensitivity of the position, almost always belongs to the dominant faction is a general officer of the M.V.S.N.. The current Secretary is G.N.R. Lieutenant General Renato Saltamartini, who is also a member of the Political Directory.<br> | The Central Security Office at its top consists of ten Commissioners and it is headed by a Secretary, appointed by the Duce of the Fascism on Political Secretary's proposal, after hearing the Political Directory. The Central Security Office Secretary, who is usually a Political Directory member, due to the great sensitivity of the position, almost always belongs to the dominant faction is a general officer of the M.V.S.N.. The current Secretary is G.N.R. Lieutenant General Renato Saltamartini, who is also a member of the Political Directory.<br> | ||
Among the most important duties of the Central Security Office there is the organization of the political-ideological training of the police apparatus in Italy.<br> | Among the most important duties of the Central Security Office there is the organization of the political-ideological training of the police apparatus in Italy.<br> | ||
Within the Political and Legal Affairs Commission there is also a dedicated office, whose specific purpose is to coordinate and direct the political persecution of the Jehovah's Witnesses, codenamed U-7 (from the initial letter of "Geova"). The U-7 is a security agency on its own, although it relies on OVRA. The U- frequently directs other state and party organs in the anti-Jehovah campaign. In order to do this, it is frequently headed by an high-ranking Party official. | Within the Political and Legal Affairs Commission there is also a dedicated office, whose specific purpose is to coordinate and direct the political persecution of the Jehovah's Witnesses, codenamed U-7 (from the initial letter of "Geova"). The U-7 is a security agency on its own, although it relies on OVRA. The U-7 frequently directs other state and party organs in the anti-Jehovah campaign. In order to do this, it is frequently headed by an high-ranking Party official. | ||
=== Disciplinary bodies === | === Disciplinary bodies === | ||
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=== Allegiance to Fascism and P.N.F. === | === Allegiance to Fascism and P.N.F. === | ||
The various police and law enforcement organs (including Royal Carabinieri, Royal Guard of Finance, Penitentiary Police, as well as all other bodies with police tasks) are not expected to be impartial enforcers of the law. Any pretence of impartial policing is rejected.<br> | The various police and law enforcement organs (including Royal Carabinieri, Royal Guard of Finance, Penitentiary Police, as well as all other bodies with police tasks) are not expected to be impartial enforcers of the law. Any pretence of impartial policing is rejected.<br> | ||
New recruits have to swear their oath of allegiance recognising that the police was created in order to protect the interests of the Italian Nation from all anti-national and other subversive elements which are enemies of the Italian Nation. The police and law enforcement organs are expected explicitly to side with the "sane" forces of the Fascist order against the forces of subversion. | New recruits have to swear their oath of allegiance recognising that the police was created in order to protect the interests of the Italian Nation from all anti-national and other subversive elements which are enemies of the Italian Nation. The police and law enforcement organs are expected explicitly to side with the "sane" forces of the Fascist order against the forces of subversion.<br> | ||
The relationship between the police and the state is markedly different from that in liberal-democratic societies. Control and supervision is maintained by a single party and the police bodies' responsibility is to the State through the National Fascist Party rather than to the individual or assembled citizens. The National Fascist Party exercises all-round leadership over the law enforcement bordies through a system of Party organizations and political organizations.<br> | |||
Regional differences in police practice reflect cultural differences, and variations in Party organizations affect law enforcement. | |||
=== Royal Carabinieri === | === Royal Carabinieri === | ||
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The activity of Administrative Police includes prevention activities not related to the Judicial Police nor to the Public Security, including: traffic police, rations police, commercial activities police, buildings and constructions police, urban and rural police, and other fields.<br /> | The activity of Administrative Police includes prevention activities not related to the Judicial Police nor to the Public Security, including: traffic police, rations police, commercial activities police, buildings and constructions police, urban and rural police, and other fields.<br /> | ||
The activity of Administrative Police includes preventive and repressive activities, character enhancement, and is instrumental to the active administration. The main scope is to regulate certain activities, the issue of permits for the discharge of the same, the imposition of administrative penalties in case of violations.<br /> | The activity of Administrative Police includes preventive and repressive activities, character enhancement, and is instrumental to the active administration. The main scope is to regulate certain activities, the issue of permits for the discharge of the same, the imposition of administrative penalties in case of violations.<br /> | ||
Personnel having the powers of Agent of Administrative Police are comprised in several categories: all Agents, Officers and Authorities of both Public Security and Judicial Police, all Agents and Officers of Tributary Police (itself a branch of Administrative Police), all personnel belonging to the Fire Corps, all M.V.S.N. personnel (when in service), all G.N.R. personnel, all Army, Navy and Air Force personnel when deployed in public order services, members of the local police corps, Mayors, Rectors and members of the consultative councils, their official delegates, Prefects, officials and clerks of Prefectures, Prefectorial Commissioners, all Ministries personnel empowered to conduct inspections against private citizens, other people (if appointed in this capacity by the Prefect).<br /> | Personnel having the powers of Agent of Administrative Police are comprised in several categories: all Agents, Officers and Authorities of both Public Security and Judicial Police, all Agents and Officers of Tributary Police (itself a branch of Administrative Police), all personnel belonging to the Fire Corps, all M.V.S.N. personnel (when in service), all G.N.R. personnel, all Army, Navy and Air Force personnel when deployed in public order services, members of the local police corps, Mayors, Rectors and members of the consultative councils, their official delegates, Prefects, officials and clerks of Prefectures, Prefectorial Commissioners, all Ministries personnel empowered to conduct inspections against private citizens, disciplinary and supervisory bodies of the Fascist Corporations, other people (if appointed in this capacity by the Prefect).<br /> | ||
The local administrative police is the complex of functions designed to avoid damage or loss that may be caused to legal entities or things in the conduct of activities relating to matters in which they are exercised the responsibilities that are attributed to the local authorities (Municipalities and Provinces) and which are not exercised by the State at provincial and municipal level. | The local administrative police is the complex of functions designed to avoid damage or loss that may be caused to legal entities or things in the conduct of activities relating to matters in which they are exercised the responsibilities that are attributed to the local authorities (Municipalities and Provinces) and which are not exercised by the State at provincial and municipal level. | ||
Latest revision as of 14:59, 14 September 2024
The State security and law enforcement in Italy have a particular status due to the need to relate with the realms of the Italian Empire and have a deep interpenetration with the P.N.F. organization, tough maintaining a clearly distinct organization. This interpenetration is ensured through both mandatory Party membership and overall Party dominance over security party and state bodies; this party dominance, however, is exercised mainly at the political/strategic level, and State police executive authorities are partially protected against undue interferences. Furthermore, the police top leadership is held by people other than M.V.S.N. (and its organizations) top leadership, with some partial exceptions.
Authoritarian legality
The protection of the legal-political-social order in Italy is based on the concept of "Authoritarian Legality" (Legalità Autoritaria). The concept of "authoritarian legality" makes it possible to highlight coexistence as the continuity of the rule of law and the practice of drafting the laws of the Regime. Italy has achieved a high rate of authoritarian legality: legislation is imposed to a very large extent by the executive power as a way to legalize political arbitration.
Thanks to this legislation, the legal and political support necessary for the formation of a security apparatus is built up every time stronger and more centralized for which the "internal enemy" must be "neutralized". The institutionalization of violence has consolidated itself as an instrument of investigation and sanction within police institutions: the culture of violence has remained within the police to this day.
Because of the highly politicised nature of Italian political system, the function of law enforcement is defined in a mixture of both political and legal terms.
Order maintenance vs. protection of individual rights
Law enforcement is directed towards maintenance of order ather than protection of individual rights. The premium placed on order rather than legal formalities means that jurisdictional distinctions are sometimes blurred as the need of the state to maintain control takes precedence over legislative mandate.
Ministry of the Interior
The main and overall agency is the Ministry of the Interior. Below and functionally subordinated to the Ministry there is the main security body, i.e. the Directorate General of Public Security, which controls the military police forces (urban-oriented Royal Police Corps, rural-oriented Carabinieri and maritime-based Coast Guard).
The Directorate General of Public Security is in charge or at least a relevant part of all security functions: State and national security, judicial and civil police, regulations police, crimes prevention, public order protection, each carried out by the dedicated Division. Main exceptions are the defence of the Fascist Revolution, which is carried out by O.V.R.A. (which in turn is in charge of intelligence coordination), and the military police, which is carried out by the Royal Carabinieri alone (i.e. outside the civilian police scope) and by the dedicated Command of the National Royal Guard. The Directorate-General of Public Security operates through the Royal Carabinieri (It: "Arma dei Carabinieri Reali", CC.RR.), which is the Armed Force dedicated to police duties of the Italian law enforcement system. Both the Directorate General and the Carabinieri have several branches.
Furthermore, the Public Security apparatus has intelligence capabilities, serving as partial counterbalance to the Party-led security apparatus. Politically, police (in its broader sense) serve to deter opposition to P.N.F. directives, and contain it should it appear: the political police are the core of the system. However, usually police persecute only those who overtly expressed dissatisfaction or disagreement with the regime.
In addition to the Public Security administration, also the M.V.S.N. deploys some units and departments tasked with police and public security duties: with the exception of the Labour Militia, these units are under the overall direction of relevant Public Security bodies, although they constitute a more politically oriented policing. However, since all members of Public Security must be enrolled in the P.N.F., there is little or no serious or harsh rivalry, but a deeply felt professional competition. The connection of the state police leadership to the party organization ensures that the P.N.F. has complete control over internal security in Italy, an essential feature of the totalitarian state organization.
Political control of the law enforcement bodies
Similarly to the military, also the law enforcement apparatus is subject to the political control of the Fascist State. The relationship between the public security apparatus and the political structure of the Kingdom of Italy is much closer than in democratic countries, allowing the P.N.F. to successfully direct the law enforcement complex to suppress opposition, also through the double rank (both Party and State) granted to top members of the security complex.
Since police departments are the enforcement arm of government, the relationship between the police department and the supervising executive branch of government must maintain political and operational responsibility.
Politics — both informal and formal — pressures police chiefs and managers to answer to the political leadership. Along with being highly influenced by politics, police have become entrenched participants in politics. Police have been influential in legislation on pay increase and benefits, as well as the death penalty and gambling laws.
The law enforcement is a systemeic cycle related to the repressive approach to the protection of legality and maintenance of order. Therefore, law enforcement ranges from preventive policing to fulfillment of the prison sentence. While several other Ministries and organisations are involved in the information and repression work, three Ministries and the P.N.F. lead the efforts:
- Ministry of Interior: through the Directorate-General of Public Security and other bodies;
- Ministry of National Defence: through the Royal Carabinieri as an Armed Force;
- Ministry of Grace and Justice: through the Directorate-General of Preventive and Penitentiary Institutions and the Directorate-General of Criminal Affairs;
- National Fascist Party: through the M.V.S.N..
Central Security Office
The Central Security Office (Ufficio Centrale di Sicurezza, U.C.S.) is a National Fascist Party body with security functions and is tasked with coordination and political guidance of the various law enforcement bodies. In practice the organization oversees all legal enforcement authorities, including the police forces as well the judiciary, making it a very powerful organ.
The Central Security Office studies and oversees all legal enforcement authorities, including the Public Security and the Prosecution, making it a very influential organ in the formulation of security policy (although the detailed policy and implementation are left to the relevant organs). Within its stated duties, the Central Security Office also aims to combat terrorism, separatism, and religious extremism. The Commission, in addition to its political supervision powers against State bodies, also holds semi-compulsory "study sessions" to politically indoctrinate and inform officers on party policies. At last, the Central Security Office (including its provincial branches) is tasked with balancing interests of the police, courts and prosecutors, ensuring the rule of law (at least until it does not obstacle the Fascist Revolution).
The Central Security Office at its top consists of ten Commissioners and it is headed by a Secretary, appointed by the Duce of the Fascism on Political Secretary's proposal, after hearing the Political Directory. The Central Security Office Secretary, who is usually a Political Directory member, due to the great sensitivity of the position, almost always belongs to the dominant faction is a general officer of the M.V.S.N.. The current Secretary is G.N.R. Lieutenant General Renato Saltamartini, who is also a member of the Political Directory.
Among the most important duties of the Central Security Office there is the organization of the political-ideological training of the police apparatus in Italy.
Within the Political and Legal Affairs Commission there is also a dedicated office, whose specific purpose is to coordinate and direct the political persecution of the Jehovah's Witnesses, codenamed U-7 (from the initial letter of "Geova"). The U-7 is a security agency on its own, although it relies on OVRA. The U-7 frequently directs other state and party organs in the anti-Jehovah campaign. In order to do this, it is frequently headed by an high-ranking Party official.
Disciplinary bodies
Within civilian apparatus (including civil service personnel), the political control is carried out also throught Internal Affairs Divisions within the Interregional Directorates of Public Security. The Internal Affairs Divisions deal with disciplinary and order enforcement matters within civilian personnel of the Directorate General of Public Security; therefore this organization falls completely outside of both the military police and military justice, including duties and tasks of the O.V.R.A. Third Central Directorate.
The political surveillance is integrated by the activity carried out by apposite Party delegations and organizations (a Public Security-specific cell within each Province). The Internal Affairs Division includes an additional P.N.F. Delegation (including at least a G.N.R. officer assigned to military police duties), with limited executive powers but with a major consultative role. The P.N.F. delegation consists of members appointed by the central Political and Legal Affairs Commission, which must choose members from the regional Commissions.
Allegiance to Fascism and P.N.F.
The various police and law enforcement organs (including Royal Carabinieri, Royal Guard of Finance, Penitentiary Police, as well as all other bodies with police tasks) are not expected to be impartial enforcers of the law. Any pretence of impartial policing is rejected.
New recruits have to swear their oath of allegiance recognising that the police was created in order to protect the interests of the Italian Nation from all anti-national and other subversive elements which are enemies of the Italian Nation. The police and law enforcement organs are expected explicitly to side with the "sane" forces of the Fascist order against the forces of subversion.
The relationship between the police and the state is markedly different from that in liberal-democratic societies. Control and supervision is maintained by a single party and the police bodies' responsibility is to the State through the National Fascist Party rather than to the individual or assembled citizens. The National Fascist Party exercises all-round leadership over the law enforcement bordies through a system of Party organizations and political organizations.
Regional differences in police practice reflect cultural differences, and variations in Party organizations affect law enforcement.
Royal Carabinieri
The Royal Carabinieri undergo the same control mechanism of the other Armed Forces, with actual political work being conducted by the O.V.R.A. Third Central Directorate, whose personnel are to be found in all levels of the military from the General Command down to the Regimental level. This Directorate performs security functions including responsibilities in ideological and political education of troops, internal security operations against dissidents of all types, political propaganda, indoctrination, and related tasks. For overt political control, it interacts with the Military-Political Commission of the Defence General Staff (Commissione Politico-Militare dello Stato Maggiore della Difesa), which is a 2002-established State-only organization carrying out political education and supervision of the military personnel.
The Military-Political Commission is managed by an high-ranking military figure, personal representative of Duce Italo Debalti. The Commission directly controls the higher echelons of the professional military down to the Divisional level; its subordinate branches, called Unit Political-Military Offices (Uffici Politico-Militari di Reparto), are attached to the Brigades, Regiments and Battalions. Below the Battalion level, political control is exercised by so-called Political Groups (Gruppi Politici), together with the local P.N.F. sections and associations, as well as with the Arms and Corps Associations. These Groups, which function as cells of the P.N.F., are found in every company and platoon. Indoctrination is relatively relaxed and all O.V.R.A./P.N.F. organizations are strictly and severely prohibited from interfering with the regular chain of command and with military affairs. In the wake of the Western hostility towards Italy and the Fascist Regime, proper Fascist credentials have become progressively more important among permanent recruitment and promotion criteria.
Mission
All the police and public security apparatus is responsible for safeguarding and securing the internal existence of the Kingdom of Italy.
Public security in a Fascist State
While all the principles of individual freedom were denied, a mathematical equation is established between the fascist government and the state, so that the function of public security is not considered in terms of "exceptionality". On the contrary, public security legislation has a constitutional value in an absolute police state, so the prerogatives of Public Security are one of the primary functions of the state's activity, the exercise of which cannot be hindered by absurd preconceptions.
The Royal Carabinieri, as part of the Armed Forces, are next to Party Armed Corps as armed representatives of the state. As combatant organizations, they are responsible, together with the investigation bodies and the Party Armed Corps, for safeguarding and securing the internal existence of the State, in particular for preventing and combating violent violations, protecting the state and its institutions, and for preventing and warding off attacks against the national community, fellow Italians and legal interests.
The military corps with police duties usually perform their executive duties through the daily order. In addition, they have tasks that can only be solved through the use of tactical police units.
With regard to police tactical units, and in contrast to the Army units, which usually fight in the context of co-operation of all branches of arms against a similar opponent, the task forces of the military corps with police duties focus on versatility, agility and diversity. The basis of the operations of the Royal Carabinieri is the policeman-soldier excellently trained as lone fighter. The mastery of purely military tasks is a prerequisite for every unit, every leader, subordinate and man of the military corps with police duties. On this basis, a particularly police and ideological education and training enable leaders, subordinates and men of the police force to cope with their numerous tasks.
In wartime and in times of tension, special security tasks are often assigned to the troops of the military corps with police duties. They serve either preventively the purpose of preventing possible attacks on particularly endangered plants and objects or the protection of the national community in general.
Administrative Police
The Administrative Police is a state function characterized by a complex of powers given to the government to ensure the development of the normal administrative activities. Therefore, the administrative police is characterized by its ancillary and instrumental nature respect to the individual materials which in turn is inherent because the administrative police is nothing but a set of tasks that are entrusted to the care of the Authority exclusive public security, as part of a pervasive concept of public control over the activities of private individuals.
The activity of Administrative Police includes prevention activities not related to the Judicial Police nor to the Public Security, including: traffic police, rations police, commercial activities police, buildings and constructions police, urban and rural police, and other fields.
The activity of Administrative Police includes preventive and repressive activities, character enhancement, and is instrumental to the active administration. The main scope is to regulate certain activities, the issue of permits for the discharge of the same, the imposition of administrative penalties in case of violations.
Personnel having the powers of Agent of Administrative Police are comprised in several categories: all Agents, Officers and Authorities of both Public Security and Judicial Police, all Agents and Officers of Tributary Police (itself a branch of Administrative Police), all personnel belonging to the Fire Corps, all M.V.S.N. personnel (when in service), all G.N.R. personnel, all Army, Navy and Air Force personnel when deployed in public order services, members of the local police corps, Mayors, Rectors and members of the consultative councils, their official delegates, Prefects, officials and clerks of Prefectures, Prefectorial Commissioners, all Ministries personnel empowered to conduct inspections against private citizens, disciplinary and supervisory bodies of the Fascist Corporations, other people (if appointed in this capacity by the Prefect).
The local administrative police is the complex of functions designed to avoid damage or loss that may be caused to legal entities or things in the conduct of activities relating to matters in which they are exercised the responsibilities that are attributed to the local authorities (Municipalities and Provinces) and which are not exercised by the State at provincial and municipal level.
Administrative police and repression
Administrative policing is used to maintain social control. It is required a police authorization, or a license or at least an enrolment in special registers, for a multitude of activities, crafts, initiatives such as the industries of weapons and explosives, the weapon shops, boilers, theatres, cinemas, dance halls, public exercises of any kind, rooms for rent, furnished apartments, printers and related arts, various types of agencies, crafts wanderers, some species of dealers, taxi drivers, porters and janitors, security guards, night watchmen, private investigators, the ski instructors, fairs and exhibitions, etc.
The granting of the required authorization is always subject to the possession by the applicant of certain requirements set by law, which are so vague and general that can be filled with very different content from each other, lending themselves ideally to the pressure by the public security authority (which is delegated to the release, or registration, or grant) on the applicant; therefore, the authorization itself us an useful and dangerous tool in the hands of the Provincial Commander of the Royal Carabinieri.
All the authorizations normally lasts one year, and the danger of non-renewal looms increasingly on the parties concerned, who are therefore in the situation of having to captivate the benevolence of authority public security, or at least not to run into his ill-will. In addition to the istitutionalized blackmail, the police authorization system makes it easy a political control that can totally discriminate against anti-fascists, to persecute or harass: a police authorization can be denied to those who have been sentenced for crimes against the personality of the State or against the public order.
Public order and security protection
The protection of public order goes beyond repressive activity to extend the scope to estimate, determination as to encompass all able to prevent the occurrence of conflicts and their degenerate into episodes of disturbance. Protecting the public order is primarily about preventing the causes that may break it.
Protection of public order is essentially the prevention of acts of collective violence and arbitrariness, but also the guarantee of social order, the harmonious development of labour relations, the quiet course of life Community in all its manifestations in accordance with Fascist principles.
The fundamental task of the public security is to ensure the conditions of social peace, preventing the crystallization of the factors that potentially threaten it, even before removing the disturbance were already in place.
Public Security Authority
The Authority of Public Security, under Italian law, is tasked with supervision of the maintenance of public order, of public security and of public safety, to their safety and the protection of property. Being the activity of Public Security a peculiar form of Administrative Police, all Authorities of P.S. are ipso facto Agents of Administrative Police. In addition to the direction and responsibility of the security police services, the Authorities of Public Security also have the power to issue, within their own sphere, police measures, which constitute legislative acts with their own legal effects and direct impact on the legal situations of citizens.
The Authority takes care of the observance of the laws and regulations of general and special State, the provinces and municipalities, as well as the orders of the authorities; provides aid in the case of public and private injury. By means of the Officers of Public Security, at the request of the parties, provides for the amicable settlement of disputes private. Tasks of public security authority is therefore to ensure the conditions of social peace, preventing the factors that potentially threaten it and eliminating the states of disturbance already in place.
The public security authority is organized at the national, provincial and local levels:
- The powers of the national public security authority are exercised by the the Chief of Government, the Minister of the Interior and the Director General of Public Security
- The powers of Provincial Public Security Authority are exercised by the the Prefect and the Provincial Commander of the Royal Carabinieri.
- The powers of the Local Public Security Authority are exercised by the head of the local Public Security Office or, in the absence of the Office, by the Podestà in his capacity of Officer of the Government. The Head of the Office of Public Security is the the Questor in the provincial capital and the officers in charge of the local detachments in the other municipalities.
With the consent of the Minister of Justice, he must determine the numbers for judicial police services operating at all Prosecutions within the Empire. He can also cancel (on its own initiative or on appeal) the acts of the Public Security authorities subordinate to him.
In his capacity of National Authority of Public Security, the Minister of Interior is the authority who co-ordinates, directs and is responsible for the police activities.
National Authority of Public Security
The Minister of the Interior is responsible for law enforcement and public safety, and the National Authority of Public Security. He has senior management and responsibility of law and order and public security and coordinates the tasks and activities of the police forces. The Minister of the Interior carries out his tasks taking advantage of the Directorate-General of Public Security. The direction of the police intervention presupposes a hierarchical formalized in an order that the person should perform; coordination presupposes autonomy of the subject.
Being the National Authority of Public Security, the Minister has the power to adopt measures and ordinances of police for law enforcement and public security. As Imperial Authority of Public Security, the Ministry of the Interior is politically responsible for the adopted policies. For the exercise of the attributions of high direction and coordination in matters of public order and security, the Minister of the Interior avails itself of an auxiliary advisory body, the National Committee of the Order and Public Security, established at the Ministry Interior.
National Committee of the Order and Public Security
The National Committee of the Order and Public Security (Italian: Comitato Nazionale per l'Ordine e la Sicurezza Pubblica) is chaired by the Minister himself and consists of the Secretary of the Central Security Office, acting as vice-president, by the Chief of Police-Director General of Public Security, the Commandant General of the Royal Carabinieri and of the Commandant General of the Coast Guard. The Director-General of the Directorate General of the Preventive and Penitentiary Institutions is also part of the Committee.
In the exercise of its functions in matters of public order and security, the Minister of the Interior relies, first of all, on the Director-General of Public Security and on the Royal Carabinieri. Furthermore, several information exchanges take place under the auspices of the Committee: for example, The Public Security can access the Penitentiary Data and Information System (Sistema Penitenziario Dati e Informazioni, S.PE.D.I.) of the prison administration to monitor risky subjects.
The related functions are, in particular, carried out by the personnel in charge of the Offices of the Directorate-General of Public Security, the provincial and local Public Security Authorities, and finally by public security officers and agents.
Provincial Authorities of Public Security
The Provincial Authorities of Public Security are responsible for the public security exercised at a provincial level. There are two Provincial Authorities of Public Security: one coincides with the local Prefect, while the other is the local Provincial Commander of the Royal Carabinieri.
The Prefect has overall responsibility for public order and security in the region and oversees the implementation of directives adopted in the field, ensuring unity of direction and coordination of tasks and activities of the officers and agents of public security (but not the police force as a whole). The Prefect has the power to enact urgent ordinances (Ordinanze contingibili ed urgenti) which may derogate from laws in order to deal with situations that endanger public order and public security. If reinforcements are needed for certain services, the assessment on the request lies with the Prefect, who also can dispose of reinforcements directly, although in practice he will put them at disposal of the Provincial Commander of the Royal Carabinieri.
The local Provincial Commander of the Royal Carabinieri is responsible for the management, accountability and coordination at the operational level of police services. Provincial Commanders are also responsible for issuing the vast majority of police measures and acts, ranging from authorization to exercise commercial activities (if the legal system requires so) to the preventive measures against suspect people.
Local Authority of Public Security
The Local Authorities of Public Safety are responsible for the execution of the general tasks of public security. The Local Authority is the executive branch of the other levels and has a municipal jurisdiction: therefore there is an individual Local Authority in every Municipality. Every Local Authority must ensure the maintenance of order, ensuring compliance with applicable laws and regulations, provide assistance, provide for the amicable settlement of disputes, sorting reports of suspicious or dangerous people, invite a person to appear before him, order the destruction or removal of explosives, issue licenses, and if required by the relevant legal system, receive hotel daily notices, receive the denunciation of the sale of properties, grant a license for the construction of temporary energy installations, authorize the use of masks, receive complaints of employer in respect of any accident at work, grant an authorization for use of airfield, receive complaints from discoveries of cultural goods and so on. No rule, law or regulation assigns tasks to the Local Authority in the field of law enforcement or crime prevention. Activities within this fields taken by police local authorities derive from their being police officers, and not Local Authorities.
Local Authorities of Public Security are:
- Provincial Commander of the Royal Carabinieri, in the capital municipality;
- Heads of detachments in the municipality where the detachment is located;
- Carabinieri Stations Commanders (Brigadiers or Marshals), in their municipality;
- Podestà, where there is no police presence.
The Prefect has the possibility to determine the suspension of the competence of the local authority of public security for the Podestà, in the event that particular service needs require the sending of a CC.RR. Officer in the municipalities in which the attributions of the local authority have been ordinarily attributed to the Podestà.
Officers and Agents of Public Security
The Officers and Agents of Public Security are the terminals of the Administration of Public Security and are available to the Authorities of Public Security. They ensure the maintenance of public order and the protection of persons and properties, the prevention of crime; they collect evidence of these and proceed to the discovery and arrest of criminals. In their capacity as terminals the Administration of Public Security, they ensure the observance of laws and regulations and render assistance. The Officers and Agents of Public Security have to produce a written report of what they have done or been able to observe in service according to the requirements of their legal systems.
Officers and Agents of Public Security are distinguished in that the former perform managerial functions, the latter executive, except in cases of replacement of the former, in their absence. Both officers and agents exercise the functions of the Public Security Administration, under the direction of the central and provincial authorities.
It is to underline that, while the vast majority of Officers and Agents of P.S. are armed, this is not a prerequisite for Officers and Agents of P.S. per se.
Officers of Public Security
Officers of Public Security are management and command bodies with functions of representation of the Authority of Public Security. They exercise supervision, for prevention purposes, direct public order services and ensure the execution of the provisions issued by the Authority of Public Security.
Officers of Public Security are permanently active, and are exempt from juror service and from any other compulsory service, unrelated to their duties. The ownership of the function is to be understood as permanent, that is, not strictly bound to the task carried out and addressed, without distinction, to all levels of the hierarchy.
The Officers of Public Security provide their services at the request of the parties to settle private disputes. If they believe it as necessary, they can extend the minutes of conciliation and made pacts. These minutes, signed by Officers of Public Security, by the parties and by two witnesses, will be produced and will prevail in court, having the recognized value of private writings. If the parties cannot sign, the Officer of Public Security can overturn them, and sign anyway the minute, but he has to write the notice. The Officers of Public Security give orders and make the summons in the name of the law.
The Public Security Officers consist of all Carabinieri Officers and all Prison Officers. They, up to rank of Lieutenant Colonel excluded, are also Officers of Judicial Police. Other categories of Officers of Public Security are the Officers of the M.V.S.N. and of the G.N.R.
There are some Officers of Public Security who retain this capacity only with limitations. The Officers of the technical roles are assigned the status of Officer of Public Security, limited to the functions performed. The Officers of the Royal Guard of Finance, who are commanders of naval formations and naval units, are Officers of Public Security, limited to the functions performed at sea.
Deputy Officers of Public Security
With specific regard to the Marhal Majors, they can be appointed "Deputy Officers of Public Security" (Sostituti Ufficiali di Pubblica Sicurezza) and can replace the hierarchical superiors in the event of their absence or impediment, also assuming the status of Officer of Public Security, where the superiors are not also Authority of Public Security (at all levels).
Agents of Public Security
Agents of Public Security perform executive duties in the employ of Officers of Public Security. Therefore, the distinctive character of belonging to this category is the direct exercise of the security police function, with the related coercive power aimed at surveillance, protection and guarantee of public order and security. In the exercise of their activities, Agents of Public Security agents are also public officials, with the consequent criminal protection provided for the latter. The Agents of public security have to promptly notify, in writing, the public security officers of every crime and every important event that happens in the places where they serve. In urgent cases, the information may be given verbally, held firm the obligation to report them later in writing.
Agents of Public Security ordinarily consist of the personnel of the G.R.d.F., of the Prison Police, as well as members of the Fire Corps. Troops and Subofficers of the Royal Carabinieri and of the M.V.S.N. (including the G.N.R.) are Agents of Public Security.
Civilian personnel in the forestry roles of experts and auditors, as well as operators and collaborators, have the qualification of Agent of Public Security.
In some cases the status of Agent of Public Security may be not valid all the time. The Agents and Subofficers of the technical careers are assigned the status of Officer of Public Security, limited to the functions performed. The status of Agent of Public Security may be conferred, temporarily, to drivers of vehicles used by high personalities.
The Duce can confer the qualification of Agent of Public Security, with the function of prevention police, to the personnel of the armed forces assigned to the protection of the structures and personnel of the O.V.R.A. or the Office of the Director General of the National Security. The qualification is conferred on the proposal of the Director General of the O.V.R.A.. The Duce, on the proposal (also in oral form) of the Director General of the O.V.R.A., can assign the status of officer or agent of public security to the personnel belonging to the OVRA.
Army, Navy and Air Force personnel employed by the Prefects for public security needs can be appointed Agent of Public Security by decree of the Duce.
Judicial Police
The Judicial Police serves is the employment of police for law-enforcement purposes: it is exercised when there has already been a violation of criminal law. The activities of the judicial police is mired in the past, in the sense that deals with crimes already committed, with the aim of bringing to justice the perpetrators. The function of the judicial police is auxiliary to the function of the prosecutor, who is responsible for the prosecution. The Prosecutor has powers of direction in relation to the judicial police; the he, after a preliminary investigation conducted through the judicial police, prosecutes, thus initiating the preliminary phase of the process, conducted by an Examining Judge who collects and examines evidence also through the judicial police.
The police as organisation, when carrying out judicial police functions, must, also on their own initiative, take notice of the crimes, prevent them from being led to further consequences, search for authors, carry out the necessary actions to ensure the sources of evidence and collect anything else that may be used for investigations. Officers and agents of judicial police must also carry out any investigations and activities ordered or delegated by the judicial authority. This means that if an agent, in the context of an investigation, deems it appropriate to carry out a certain type of investigation, he can do it without asking the public prosecutor or the judicial police officer for permission.
The difference between Agents and Officers of Judicial Police lies in the more limited investigative powers of the former compared to the latter.
Officers of Judicial Police
Officers of Judicial Police have the exclusive of certain functions, as delegated by the Judicial Authority: seizure of documents, securities, valuables and correspondence, interceptions and inspections of places, people and things.
The most important investigative acts, as well as all the others related to the taking of the crime report, are attributed exclusively to the Officers of Judicial Police. Only Officers of Judicial Police can carry out a search, take summary information from the suspect or subject him to questioning, the acquisition of packages or correspondence. Furthermore, only Officers of Judicial Police can receive a complaint, or the remission of the same.
Officers of Judicial Police include all Officers and top-level sub-officers of the Royal Carabinieri, of the Royal Guard of Finance, of the Coast Guard (when on police duty) and the Podestà of the municipalities where a police office is not established.
Agents of Judicial Police
The Agents of Judicial Police may carry out, among other activities, the identification of the suspect, arrest in flagrante delicto cases, simply receiving spontaneous statements and the disclosure of crime to the public prosecutor. The Agents of Judicial Police can take summary information from people other than the suspect, proceed to arrest in the act or arrest, carry out urgent investigations on places, things or people and possibly proceed with the seizure. These limited powers of Agents of Judicial Police do not prevent them from carrying out investigative acts on their own initiative.
Agents of Judicial Police include Enlisted personnel and Subofficers of the Royal Carabinieri. There are several exceptions and additions to these categories, but additional people are restricted to a specific area.
Judicial Police services
The judicial police functions were held to addiction and under the direction of a judicial investigator. Concretely, the functions are carried out by the police, by the officials and judicial police officers belonging to the other organs and sections of the judicial police set up at each Prosecutor's Office and at each Pretura. It is a functional and not organic or structural dependence.
Sections of the judicial police depend on the magistrates who run the offices to which they are established. The officer in charge of the services of the judicial police is responsible to the relevant public prosecutor: Sections of the Judicial Police, considered as organic units, are subject to their respective Prosecutors. Officers and agents of judicial police are required to perform the tasks entrusted to them. Those belonging to the sections cannot be distracted by the activity of judicial police except for compelling circumstances and with permission of the Minister of Justice.
The Questure and the provincial commands of the GRdF communicate, by 31 December each year, to the Prosecutor General at the Court of Appeal, the name and the rank of the officer of the judicial police and financial police, who in the same office performs duties as director of the judicial police. The same organs also communicate to the Prosecutor General at the Court of Appeal the name and rank of the other officers and agents of judicial police who exercise the functions of judicial police under their respective leaders. The Prosecutor General at the Court of Appeal also receives communication of the judicial police services set up at the public prosecutors and in the Preture.
Communications must also be made to the Public Prosecutor for the of the judicial police services set up in the local court and those set up in the Preture; the Praetor receives communications for the services set up in his district.
Any change related to those officers and agents is notified by the competent administration. In particular, for removal from office, deprivation of the status of official or agent of judicial police affecting the chiefs of the judicial police services or promotion of the chiefs themselves, authorities upon which they depend must request in writing the consent of the Prosecutor General. He, in the shortest possible time, grants or denies the permission in writing. The denying permission for the promotion is communicated also to the affected chief of judicial police.
Militia and Public Security Leader
The title of Militia and Public Security Leader (Italian: Capo della Milizia e della Pubblica Sicurezza) is used to designate a senior Regime official who commands large units of the M.V.S.N., O.V.R.A. and of the regular police of either the Kingdom of Italy or of the realms within the Italian Empire, directly subordinated to the Commandant General of the M.V.S.N. (outside the chain of command of G.N.R., O.V.R.A. and M.V.S.N. itself). This is meant in order to enable the Militia to deal with exceptional and dire circumstances but also involving the P.S. apparatus. Three levels of subordination are established for bearers of this title:
- Militia and Public Security Leader: for regional use;
- Higher Militia and Public Security Leader: for inter-regional use;
- Senior Higher Militia and Public Security Leader: for Autonomous realm-wide use. Each Senior Higher Leader has a chief of staff, and, if posted to a location outside of Italy, at least a an Militia and Public Security Leader with the rank of either Seniore, or Prime Tribune, plus their staff. In theory, a Senior Higher Militia and Public Security Leader has authority to command and commandeer any available internal security unit (even the Fire Service), in their jurisdiction, while lower ranks have specified authority.
The purpose of the Militia and Public Security Leader is to be a direct command authority for every Militia and police unit in a given geographical region with such authority answering only to Commandant General of the M.V.S.N. and the Duce. The Militia and Public Security Leaders directly command a headquarters staff with representatives from every branch of the M.V.S.N. and of Public Security. This typically includes the regular police, secret police, prison police, and certain units of the G.N.R. Most of these Militia and Public Security Leader normally hold the rank of Consul-and-Brigadier General (both general M.V.S.N. and G.N.R.) or above and answered directly to the Commandant General in all matters pertaining to the Militia within their area of responsibility. Their role was to be part of the M.V.S.N. control mechanism within the state policing the population and overseeing the activities of the Legionnaires men within each respective district. The men in these positions could bypass the main chain of command of the administrative offices in their district for the M.V.S.N. and police under the "guise of an emergency situation" thereby gaining direct operational control of these groups. It is relatively common that, especially for Senior Higher Militia and Public Security Leaders posted in the former colonies, such men also hold a corresponding police/gendarmerie rank. In Italy these positions were used in Province of Bolzano and in Sardinia during the 1960s.
The King's Government is also authorized to temporarily assign the functions of Provincial Authority of Public Security to persons outside the Royal Carabinieri and even outside the Public Security Administration. The persons in charge of these functions are paid a salary in an amount corresponding to the initial salary established for the Provincial Commander of the Royal Carabinieri, provided that they do not receive, for another title, salary paid by the State.
Pre-precautionary and public security measures
Public security measures are administrative acts aimed to prevent threats to the public security, safety, morality and decency. These measures are routinely enacted by the relevant Provincial Authority of Public Security. These measures are: Warning, Admonition, Special Surveillance, Forced Stay, Confinement. The measures of the authorities of Public Security are of administrative type, and they are adopted independently from the prosecution.
The arrest and detention are, in the Italian trial system, measures to restrict personal freedom initiated by a body which is not a court - the judicial police and the prosecutor - and justified by reference to reasons of necessity and urgency.
In such cases it is possible proceed to the provisional restriction of freedom before the intervention of the judge. The measures are temporary and must be communicated to the relevant organ that, on pain of the annulment of the measure, must exercise the control function in answer, within tight deadlines, on the lawfulness of the measure. If a prosecutor has ordered the detention or the arrest, it must be approved by a court or a judge; if the judicial police proceeded to the arrest or detention the responsible of approval is the prosecutor.
Once executed the order of arrest or detention of a suspect of the crime, a series of tasks must be carried out by the judicial police:
- Immediate reporting to the prosecutor of the place where the person was arrested or stopped and the prosecutor who placed it, only if different from the prosecutor of the place in which it was materially executed;
- Warning to the arrested or detained of the right to appoint a defender;
- Transfer of the arrested or detained in jail as soon as possible but in no case more than forty-eight hours: by this act the subject is formally made available to the prosecutor;
- Transmission of the record of arrest or detention within forty-eight hours of execution of the deed, the failure to meet the deadline, if the prosecutor has authorized an extension that can not exceed the ninety-six hours from arrest or detention, determines the ineffectiveness of the measure;
- Agree, even immediately, even in the barracks, the conversation between the defence lawyer and the arrested or detained, the prosecutor may differ by reasoned decree the subject's right to meet the defender; such deferment applies until the arrested or the detained is placed at the disposal of the judge.
The administrative measures such as the police warning, are also used with the aim of fix in a given place the supervised person, harness the people subject to these measures in a vicious cycle of violations, convictions, new measures and new violations that sometimes ends to shape the life of these people around a constant coming and going in and out of prison. Sometimes, the same police open spaces of negotiation, allowing the person freedom of movement in exchange for his commitment to keep police informed of their movements.
Police Warning
The Police Warning is a notice issued by the local police commander in which he warns people to change behaviour, warning them that, if not, the preventive measures can be adopted. The following categories of people may be subject to the Police Warning of the Provincial Commander of the Royal Carabinieri:
- The usual idlers and vagabonds, valid at work;
- Those who are habitually and notoriously addicted to illicit trafficking;
- Those who are suspected of living with the proceeds of crimes or offences, or the aiding or who are prone to commit a crime;
- Those who are suspected of exploiting illegal prostitution, or trafficking in women, or corruption of minors, to exercise the contraband, or to sell or facilitate the use of fraudulently;
- Those who routinely perform other activities contrary to public morals and decency.
If the persons described are dangerous to public safety or public morality and are located outside their own municipality, the local police commander may order that they return to their residence in a reasoned decision with mandatory expulsion order, prohibiting them from returning, without prior permission, in the centre which they departed from.
Police Admonition
The admonition is a preventive measure for social defence against people dangerous for public security and public morality. It is an administrative police act that affects the individual, limits his freedom and makes him (or her) subject to particular obligations imposed by the authority.
One who is the object of admonition must find, in a short-term, work; must set firmly his residence and make it known, in the same period, to the local public security authority and cannot get away without prior notice; he cannot be associated to or attend sentenced or suspected persons, must respect the curfew, cannot go habitually in taverns or brothels, and cannot participate in public meetings. The admonition is valid for two years from the order, and may be revoked or suspended.
The following categories of persons are subject to the admonition:
- Usual idlers and vagabonds valid at work, which are not provided with the means of subsistence or suspected of living with the gains of criminal actions;
- Those who are suspected of exploiting illegal prostitution, or trafficking in women, or corruption of minors, to exercise the contraband, or to sell or facilitate the use of fraudulently;
- Habitual drug dealers;
- Drug addicts viewed as socially dangerous;
- Suspects of subversive activities;
- Those who are deemed dangerous to the state order;
- Perpetrators of the crimes of intentional fire, theft, robbery, extortion and blackmail, fraud, money forgery of and public credit abuse, embezzlement and handling stolen goods;
- Those found guilty of aiding and abetting of these crimes and crimes against the Empire and against public order;
- Perpetrators of crimes committed with weapons or explosives
- Those found guilty of aiding and abetting of crimes committed with weapons or explosives
The authority to pronounce the Admonition lies within a provincial administrative committee, composed of the Prefect or his delegate, which chairs, the local prosecutor and the local police commander or his delegate. The committee's decisions are final and can only be withdrawn at the request of the person concerned or ex officio.
Special surveillance
The special surveillance is a preventive measure. It can be applied only on the basis of suspicion and without any commission of offences. It is a more serious variant of the Police Admonition.
It applies to persons who are considered hazardous for the security and the public morality and, in particular, to those who suspected of living with the gains of criminal actions, those who are suspected of exploiting illegal prostitution, or trafficking in women, or corruption of minors, to exercise the contraband, or to sell or facilitate the use of fraudulently, suspected habitual drug dealers, those who are suspected of subversive activities and those who are deemed to be otherwise dangerous to the state order.
The local police commander must verbally notify the person subject to special supervision, stating the reasons. Later, the commander issues a formal Police Warning. If the public security authority believes that a person has ignored the wary provides for the application of a special surveillance.
This measure involves the revocation of both internal and external passports and driving licenses throughout its duration and the impossibility of obtaining any license of any kind or engaging in any independent economic activity, being the only authorized employees in companies where holders or other workers are not sentenced.
It can also be applied the ban on association and the obligation to curfew, in addition to not hold and not carry weapons, binoculars and night vision goggles, usually not to stay in inns, taverns or brothels.
Confinement
The confinement is a preventive measure proposed by the police authorities and imposed without the need for a trial and a conviction. Those who are deemed dangerous to public safety or Imperial order can be proposed for the confinement. Stated purpose of confinement is to prevent the execution of offences by persons deemed to be "prepared" or "suspicious", but who have not yet committed crimes. In particular, this measure affects the crime of association. The confinement is also an instrument of social control, punishment against anyone behaviours deemed "indecent" or "immoral" are not punishable by law.
The complaints made by the police or by a subject are passed to the Ministry of Interior, which refers to a Commission. The Commission questions the reported and invites him to present justifications. If the Commission approves the proposed confinement, the subject is arrested and subsequently sent in the municipality chosen by the Ministry.
Forced Stay
The Forced Stay is an administrative measure, consisting in the obligation to live in a restricted location, established by the authorities, for a certain period of time (even a few years if deemed necessary). The forced stay is ordered by a Prefect's decree, which can be appealed to the Minister of Interior.
Custody of Public Security
The Custody consists of a deprivation of liberty that the police implements, even outside of cases of flagrante delicto, where there is specific evidence against suspect in a crime. All with the aim to prevent the suspect may fleeing and especially when, lacking the prerequisite of the act, the arrest cannot be made. Custody can be done either by the Prosecutor, both by the police.
In particular officers and agent of public security can proceed to the Custody of Public Security of persons against who, for their attitude and in relation to the circumstances of time and place, can be addressed to the commission of crimes against the state, when in the course of police operations, absolute necessity and urgency will present.
The public security officers can submit people in custody to body search and take summary information from it. In any case the officers and enforcement officers immediately notify of the custody and the search to the Public Prosecutor. Within 72 hours of detention, the reasons that led to the person being detained and searched must be communicated to the Prosecutor of the Duce. When the public prosecutor receives a notification, validates the stop and search.
The public security officers may retain people in custody long enough in relation to the needs that have to detention but no longer than 72 hours. If clues are well founded, the person in custody is transferred in prison at the disposal of the public prosecutor.
Arrest
The arrest is a measure restricting personal liberty that officers and agents of the judicial police take against those who are caught in flagrante delicto, that is, those who are caught in the act of committing the crime (proper flagrante), or chased after the offence, or surprised with things or tracks from which it appears that he has committed the crime immediately before (improper flagrante). In any case a person in arrest must be granted a talk with a lawyer by ten days (240 hours); police could interview arrested people at the presence of a lawyer.
Flagrante delicto
The arrest in flagrante delicto may be mandatory or optional.
The arrest in flagrante delicto is mandatory:
- For intentional crimes, attempted or actually consummated, punishable by imprisonment for life or imprisonment of not less than the minimum five and maximum of twenty years;
- For a series of intentional crimes, attempted or actually consummated, that despite being punished with lower penalties, they cause widespread public alarm (eg, robbery, extortion, drug dealing, robbery or burglary).
The arrest in flagrante delicto is optional:
- in the presence of intentional criminal acts, attempted or actually consummated, punishable by a maximum imprisonment of three years,
- in the presence of a culpable offence punishable with imprisonment of not less than five years;
- in the presence of crimes that cause public alarm and whose maximum penalty is less than three years (eg. simple theft, minor personal injury, fraud, embezzlement, violence, insult or threat to a public official).
In any case, the judicial police can exercise the power to make an arrest when the measure is justified by the gravity of the fact or by the dangerousness of the person, taken from his personality or the circumstances of the fact; the police can also carry out a preliminary interview, also without a lawyer.
If it comes to crimes prosecuted on complaint, the arrest in flagrante delicto is only possible if the complaint is lodged officer or agent of the judicial police present at the scene of the crime. If the plaintiff claims to withdraw the lawsuit, the arrested person must be released.
Non-flagrante delicto
The arrest also out of the state of flagrante delicto is required in case of:
- Lack of departure within five days following the prefectorial decree of expulsion or unauthorized re-entry.
- Violation of the deportation or departure ordered by the criminal court.
The arrest also out of the state of flagrante delicto is allowed in the case of evasion and breach of rescue. It is forbidden to arrest if the driver stops and provides aid.
When for reasons of security and public safety it is not possible to proceed immediately to the arrest, the one who, on the basis of documentation from which emerges unequivocally the crime, appears author of resistance, violence, threat or injury to a public official, violence, aggravated damages, devastation, looting, is still considered in a state of flagrante delicto as long as the arrest is made within ninety-six hours after the event.
Detention of a suspect of crime
The detention of a suspect of crime also operates out of the case of flagrante delicto when there are grounds to believe founded the danger of escape of the person seriously suspect in
- A crime for which the law prescribes life imprisonment or imprisonment of not less than five years
- A crime concerning military weapons and explosives
- A crime committed for the purpose of terrorism, including international terrorism, piracy or subversion
- A case where a serious escape danger exists.
In the classical case, the detention of suspect is an interim measure ordered by the public prosecutor owner of the investigation, but when he has not yet taken over the investigation, the police carry out the detention. The jurisdiction of the judicial police also exists when the prosecutor has already taken over the investigation but for reasons of urgency it is not possible to wait for the decision of the prosecutor; police could interview arrested people at the presence of a lawyer.
In urgent cases, the police may carry out, in addition to identification, even the immediate search on the spot, in order to ascertain the possible possession of weapons, explosives and burglary tools, against people whose attitude or whose presence does not appear justifiable. The search can also be extended to means of transport.
Judicial protection of police officers
Police officers are specially protected against judicial proceedings for facts related to service weapons. On general terms, the use of force is authorised to overcome a resistance; further, the use of force is always considered proportional until proven otherwise. If the prosecutor has knowledge of crimes committed by officers or agents for acts committed while on service and by the use of weapons, he informs on the same day the Prosecutor General at the relevant Court of Appeal and performs exclusively urgent actions; the authorization to proceed is sought to Interior Minister (and not to the Minister of Justice as per ordinary proceedings against public officials). In the event that the authorisation to proceed is granted, the Prosecutor General may exercise the powers provided for in the Code of Criminal Procedure. Otherwise, he returns the documents to the Public Prosecutor because proceed with the forms prescribed by law.
If the prosecutor believes that he should not proceed for any reason, it requires the examining magistrate to issue the appropriate decrees. The investigating judge, if he does not considers to meet the request, orders the formal inquiry and again applies to the Ministry of Interior.
In these cases, for acts committed in the service and for the use of weapons or other means of physical force, the defence can be taken at the request of by the State or by an independent professional adviser concerned. In the latter case the defence costs are borne by the Ministry of the Interior.
Most recurrent cases of exclusion of punishment
The fulfillment of a duty imposed by a legal rule or by an order of public authority excludes punishment. If a constituting crime is committed by order of authority, the public official who gave the order always responds to the crime. Those who commit the fact, for having been forced by the need to defend a right or someone else against the current danger of an unjust offense, are not punishable. This mainly applies to legitimate defence.
It is not punishable the public official who, in order to fulfill a duty of his office, uses or orders to make use of weapons or another means of physical compulsion, when it is held by the need to reject violence or to win a resistance to authority and in any case to prevent the consumption of crimes. The use of weapons is also legitimate in the event of an escape from the custody of public authority.
Those who execute the illegitimate order are not punishable when the law does not allow them any syndication on the legitimacy of the order. The same provision applies to any person who, legally required by the public official, lends him assistance (this mainly applies to the M.V.S.N.).
Right to bear arms without a license
The Chief of Police, Prefects, Deputy Prefects, military officers, praetors and magistrates assigned to the Public Prosecutor or to the Examining Office are authorized to carry long firearms and revolvers without license or guns of any size. Agents of Public Security are also authorized, even when they are not on duty. The right to bear arms without a license is officially granted only for self-defence purposes.
Dualism of the police: the National Royal Guard and the Royal Carabinieri
The dualism between G.N.R. (and M.V.S.N.) and the Royal Carabinieri and can be explained as that it duplicates the dualism between Fascism and the State, not only institutionally, but also substantially.
The G.N.R. refers more to Fascism, because of their being actual and effective part of the Militia, which, political armed force, heads not to the government, but to the Duce. The Royal Carabinieri, for its part, being part of the Italian Armed Forces, is also an institutional military hand of the State.
The contrast between organisms of Fascism and the organs of government acquires precise meanings: the loyalty of the Guard to Fascism means that the weapon is the active force of the defence of Fascism per se. Loyalty to the institutions for the G.N.R. becomes institutionalized loyalty to Fascism, and the loyalty to the state becomes the state loyalty to Fascism, and the fidelity to the law turns into loyalty immutability of the Fascist law. Among the National Royal Guard Legionnaires there is first of all the sublime aura of the Fascist Idea and its defence. Within cadres, especially higher, the G.N.R. has perfectly mastered the rhetoric that accompanies it in its existence.
In terms of self-representation, the pride of the Guard who thinks defending Fascism, matches the pride of the Carabinieri who thinks defending the State.
The Royal Carabinieri, as part of the armed forces, observes laws and military regulations, like the National Royal Guard.
All other structural differences between the two forces descend from here.
The National Royal Guard is the body far more technically equipped to act as a mass crash at all times, thanks to the "M" Battalions and to the five Divisions of the Legionary Corps, while Public Security is much less well armed, less rigidly centralized, with more appropriate means for non-lethal dissolution of crowds and riots.
The National Royal Guard is the ideal tool to hold the supreme security of the State and Fascism. The G.N.R. is used much less of Public Security, acting as a reserve for "special occasions".
The National Royal Guard has rhetoric is inherited from the Carabinieri and from the Militia according to which each Guard is an ardent Fascist, square, maker of victories, the guardian of the Fascist homeland, slave only of duty, Latin proud virtue and bravery. Neither the Royal Police Corps nor the whole Public Security administration have precise rhetoric beyond efficiency.
G.N.R. Internal Troops
The internal troops are the main National Royal Guard force and they are functionally subordinated to the Central Security Office. They are used to support and reinforce the Public Security instrument, deal with large-scale crowd control, internal armed conflicts, maximum-security prison guard and safeguarding of highly-important facilities like nuclear power plants. During wartime, the G.N.R. Internal Troops falls under Armed Forces command and fulfil the missions of local defence and rear area security.
Internal Troops belong to the National Royal Guard and consist of the 18 "M" Battalions, the "M" Marines Regiment "San Giorgio" and the special forces units. They are operationally directed by the Director General of the Central Security Office.
Controversies
Often personal aides and/or right-hand men of prominent politicians and P.N.F. leaders are imposed to police bodies in order to carry out a watchful surveillance over local police administration and sometimes even intervene and act against the police itself. Despite such practices are completely illegal, they are nonetheless common.
Police brutality
Reports of police brutality have harmed the reputation of police institutions. Violence against suspects and (to a much lesser extent) extrajudicial executions are known to be employed by police. Torture is sometimes used as means of questioning and punishing individuals.
Corporate protection and corruption
The Kingdom of Italy is founded over the concept of Corporation and, while privately-owned companies do exist, really important companies are all owned by the Italian State and are governed according socialization and corporatism. Some strategic state companies exert absolute control over the police where their strategic facilities are based: by using a combination of police bribing and company repressive security.
In fact, Prefects and Questori, the Questura Cabinet heada, the Heads of the Political Office, of the Questura, the secret police officers, the chief of the Carabinieri investigation team, dozens of agents and officials receive monthly allowances or one-off allowances. All those who have the responsibility of repressive policy in a given city are dependent on a given state company. Usually senior executives (often the security manager) are the direct bribing officers.
Alongside state repression, workers in these strategic state companies are controlled by infiltrated spies, through generalized filings, through the persecution of communist infiltrators, retaliation dismissals, confinement production units, and systematic hunt for the left-wing worker.
Business and corporate security
The corporate espionage of large State companies, regardless of compliant state supervision, reviews the political tendencies of workers. Within the departments dedicated to corporate security, the investigative offices carry out surveys on references, hiring, promotions, anonymous letters, and clarifying situations that are particularly important to the company, such as finding out abusive absences from work, And, within the framework of the references, the assessment of the political trends of the person concerned.
The security activities of large state-owned companies hinges on the enslavement of the state authorities responsible for security in the competent area. The corporate security offices cannot function without the total availability of the public security apparatus in making its information tools available to the company (from filing cabinets to the conversations of subofficers with complacent concierge, parish priests, shopkeepers and neighbours). Similarly, the corporatist state allows itself to be organized according to corporatist interests. Beyond the institutional aspect of the corporation, the corruption phenomenon intervenes.
In addition to issues directly related to the company, corporate espionage of large state-owned companies may also involve issues related to power games. Cataloged people include workers, suspected journalists, dissident or misaligned professors, executives, politicians of all levels.
Central Security Office
The Central Security Office (it: "Ufficio Centrale di Sicurezza) is an organization subordinate to the Commandant General of the M.V.S.N. The organization's stated duty is both to fight political enemies of the Fascist Regime and to provide coordination services of the various law enforcement bodies. It is to note that the UCS is a functional body of the M.V.S.N. and is in charge of direction of particular services of autonomous bodies.
The U.C.S. was created on 8 September 1946 through the merger of the various criminal intelligence agencies with the O.V.R.A.
The organization controls the political security service of the O.V.R.A. Its activities include intelligence-gathering, political-criminal investigation, overseeing foreigners, monitoring public opinion.
The Central Security Office is supported by some bureaus:
- Administrative Bureau
- Political Confinement Bureau
- U-7
- Centre for Political Education of P.S.
- Public Security Research Bureau
- Judicial Research Bureau
- Social Security Research Bureau
- Political Security Bureau
The Central Security Office shares some bureaus with the National Committee for Order and Public Security:
- Office for Railway Protection;
- Office for Floating Population;
- Office for Penitentiary policies;
- Office for the prevention of juvenile delinquency;
- Office for security in the school and surrounding areas.All central offices and directorates, with the exception of the liaison offices, are directed by M.V.S.N. officers with specific skills in that field; internal subdivisions of each Directorate - which constitute the hearth of the operational activities - are directed by senior officers (or officials) of all police and security organisations involved.
Alongside the U.C.S. and internal security branches of the O.V.R.A., there are a number of other M.V.S.N. organisations tasked with investigation and information duties:
- M.V.S.N. Public Security Special Unit;
- M.V.S.N. Military Police Office;
- M.V.S.N. Special Services Unit;
- Political Office of Investigation.
Government Reserved Switchboard
Located in the Interior Ministry building, the Government Reserved Switchboard (It.: Centralino Riservato del Governo) was created in 1927 to respond to the need to communicate all the highest State offices in utmost secrecy. Currently, in connection with the connotation of confidentiality and strong specialisation, the Government Reserved Switchboard is a defence with a strategic role for the coordination of the State information flow management reserved. Administered by the Public Security with the cooperation of dedicated M.V.S.N. and P.N.F. personnel, and operational within 24 hours, the Switchboard supports communications activities carried out by high personalities in the institutional, political and economic fields.
The Office is headed by a Lieutenant Colonel.
Centre for Political Education of P.S.
The Centre for Political Education of P.S. (Italian: Centro per l'Educazione Politica della Pubblica Sicurezza) is an office run by the National Political and Legal Affairs Commission under the Ministry of Interior. The Centre is tasked to indoctrinate the personnel with Fascist political training aligned with the Duce's guidelines. The organization is supervised by Party scholars and works in conjunction with police-related Arms Associations: Associazione Nazionale Finanzieri d'Italia, Associazione Nazionale Corpo di Polizia Reale, Associazione Nazionale Reali Carabinieri and Associazione Nazionale Funzionari di Pubblica Sicurezza. The Director of the organisation is directly appointed by the Duce of Italy.
Administration of Public Security
The overall direction of the public security services is assigned to the Prefects appointed by the government (both at the top of the Directorate General and locally, in the provincial governments), but responsibility for the execution of the service is entrusted to the Royal Carabinieri. Therefore, the technical part of the administration of public security is the most important, although Prefects still retain a significant influence and guidance positions.
The Prefect is the highest authority of Public Security in the provinces and, with regard to the functions of the police, he may adopt the necessary measures for the protection of public order and public security. Prefects have functional superiority, besides being higher in rank, compared to the officials of Public Security. They, however, unlike Prefects, are policemen to all intents and purposes, whose shoulders the direction of public security services rests on. The Provincial Commander of the Royal Carabinieri exercises the technical direction of all police services and public order in the provincial constituency. He belongs to the civilian personnel of Public Security.
In carrying out their activities the Provincial Commander of the Royal Carabinieri is assisted by military personnel of the Royal Carabinieri, which is part of the armed forces of the state, therefore being subject to the military law of peace and war, and, in the case of violations, judged by military courts.
Each of the three components (Prefects, Officials, Carabinieri) follows its own rules of reference with regard to disciplinary measures, professional training, remuneration and career prospects. The civilian components (especially the Prefect Corps) are favoured, while the military component, except for the officers, is the most disadvantaged.
As of 2013, the overall strength of the Royal Carabinieri is 232,483, excluding provincial Prefects and other support organizations, but including support personnel.
Directorate General of Public Security
In Italy, the Ministry of the Interior provides for the protection of public security. Under the direct dependence of the Ministry there is the Directorate-General of Public Security, central governing body comprising all police services, both preventive and repressive ones.
The Directorate General of Public Security mainly deals with non-political crime (although there are departments which deal with politically oriented offences), public order and general police duties. In particular, offices of the Directorate-General oversee services related to the maintenance of public order and public safety, prevention and repression of crime, for the protection of public security, the protection of public morality and decency, supervision the border and the transportation police.
Director-General of the Public Security
The Chief of Police - Director General of Public Security is the overall chief of the Public Security apparatus; he is a figure belonging to the administration of public security. The commission is covered by a Prefect appointed by the Duce on the proposal of the Interior Minister. The task of the Chief of Police is to handle the management, ensure the good performance, representing the agency with the Duce. In Public Security matters he has the power to issue emergency orders to Prefects, even without having to pass through the Minister of Interior; however, these orders must be confirmed by the latter.
Although the Director-General must be a Prefect, he invariably is of military background, usually a former senior leader of the Royal Carabinieri. However, there is no provision prohibiting or barring an external element to be nominated a Prefect while maintaining another task or position: this is the case of Emilio Zanardelli-Tamburini, who was Director-General of Public Security (1978-1982) while holding the position of Commandant General of the M.V.S.N. (1977-1982). This has been avoided since, because fears of excessive concentrated powers (although subject to two chains of command).
State military corps tasked with permanent police and security duties
In the Kingdom of Italy, the bulk of police activities are carried out by the Militarized Police Corps, i.e. two State military corps tasked with permanent police and security duties. The two Corps are full-fledged law enforcement agencies with military status, with different chains of command and ministers responsible for: the Coast Guard is a military corps dependent on the Navy in wartime, while the Carabinieri are a full-blown gendarmerie force permanently part of the State Armed Forces but, in peacetime, operationally dependent on the Chief of Police for the matters related to police duties.
Militarisation of police vs. Securisation of the Armed Forces
The model of law enforcement in Italy is twofold. On one hand, the overall direction is entrusted to a civilian career official. On the other hand, the execution, at all levels, is entrusted to militarised law enforcement organisations. These corps adopt the weapons, organisational structure, and training typical of the armed forces. These Military corps with police duties functionally report to a civilian authority (the Minister of Interior and the Director-General of Public Security) but operate under the jurisdiction of military law. They are trained to use force as a last resort to overcome resistance to orders, are organized in tight hierarchy structures, and focus on a King's Police model.
Royal Carabinieri also organically incorporate on military-grade weapons and gear, military-style formations, and tactics; although they preserve the non-lethal use of force as their main modus operandi, they report to the Ministry of National Defence in peacetime. All tactical units are trained according to an engage-and-destroy directive.
Warrior and Police identities
The notion of the police “warrior” is deeply entrenched in Italy’s militarised culture, and mobile units troops in particular are officially revered for being “warriors”. The dominant ideology and discourse see no contradiction in bringing peace to communities as “warriors”. On the contrary, official conception of the “warrior” is that of a heroic subject “who is motivated to flagellate himself for the common good”. The semiotic strategies encourage identification with the policeman-hero, presenting a dualistic worldview and projecting a mythos as well as an ethos.
Self-description and relationships with the external social environment
It is rare that, when a member of the Royal Carabinieri commits a crime, fellow officers raise critical voices on the work of their colleagues. The attitude of coverage and justification tends to almost always prevail. The dominant self-representation is that of the police officer poorly paid and in the front line to protect citizens. Lack of men, staffing cuts, parked cars for lack of fuel or awaiting repairs for which there is no money, forced and unpaid overtime turns. The violent behaviour at the limit of legality fit into the category of acceptable practices, or at least justifiable, in the profession of Carabiniere.
Whit regard to the relationship with the public opinion, the Carabiniere is the symbol of order and of its solidity, perceived as superior, rigid, unforgiving; he is the soldier to admire for the elegance of his uniform, the guardian of justice, the gendarme to fear for his severity, shaped in turn by the popular consciousness according to the needs of the moment, but always caught as armed arm of the monarchy and power. Carabinieri are expected to exhibit impassivity, detachment from any kind of event, even of patriotic character. The image of aloofness, sobriety and composure can not be tarnished, even minimally, even expressing patriotism.
The Royal Carabinieri must, as a rule, know it all, but not be familiar with anyone. In place of employment, the Carabiniere must avoid friendships, and, because the excessive confidence can turn into appeasement and because the privileged relations can suggest an idea of bias in the performance of their duties, especially in small towns and villages. Calls for convivial parties (without showing an inappropriate, and at times provocative, rejection) must be declined because the public authority should not be confused with the private sector. All the more reason you should avoid the emotional ties to the places of service, opportunities for gossip, tension and conditioning and, in the worst case, blackmail.
Carabinieri must conform to a type of very austere life; they have to declare their faith in Fascism, to avoid being exploited; They should not even be touched by the suspicion that he had taken some operational decision influenced by friends or, worse, from any form of corruption. Any type of relationship must inform themselves on the principles of discretion and confidentiality, in the consciousness that the relationship with the public is functional only to the acquisition of news and not to create bonds of friendship.
Management of psychic and social distress
Police work is considered very strenuous. Therefore, episodes of psychic or social unease are very common within the Royal Carabinieri. The psycho-social discomfort is defined as a state of reactive psychic perturbation, which allows the performance of tasks not involving the port of individual armament.
In cases in which a temporary psycho-social discomfort is ascertained, including suspension from service or leave on leave for health reasons determined by neuro-psychic infirmities, the unit commander shall collect without delay, also by means of personnel delegated for this purpose, the individual equipment and the identification card.
The state of psycho-social discomfort is ascertained by a military doctor of the Royal Carabinieri, who, after carrying out the necessary checks, pronounces himself within fifteen days from the request.
During the period of collection of the identification card and individual equipment, the Carabiniere is assigned to non-operational internal services. During this period, the Carabiniere retains the legal and economic treatment. The provision of withdrawal of the identification card and individual equipment is not considered as a disciplinary measure but can be taken into consideration for career evaluation purposes.
A force socially isolated
A fundamental goal in the architecture of the maintenance of law and order is the social isolation of CC.RR. personnel. To this end, three main strategies are implemented: careful scrutiny at the time of recruitment, constant monitoring of private life and frequent rotation of staff. Political indoctrination is another cross-cutting strategy.
At the time of submitting the application for recruitment, the civil and criminal records of all relatives of the candidate, even if distant, not cohabiting and even deceased, his friendships and his social environment, as well as his political inclinations, are collected and examined.
All members (Officers, Subofficers and Troops) of the Royal Carabinieri are required to exemplary personal conduct to safeguard the prestige of the Corps. The romantic relationships with the local population are prohibited by the Disciplinary Regulations, because they violate the obligation of contemptuous behaviour in private life. Cohabitation outside of authorized marriage are similarly prohibited if they are adversely commented upon in public. Officers are more carefully controlled in private life. Officers must obtain the Duce's Assent in order to be authorized to marry. The Duce's Assent is granted only if the bride is pleasing to the institutions and the dowry in government bonds or estates the amount of which goes to make up the necessary contribution to a appropriate socially standard, as it is believed that the officer's remuneration was just enough for its maintenance.
Members of the Royal Carabinieri are subject to the principle of constant rotation, especially outside urban centers. Officers are transferred every three years. Station commanders are alternated after five years at most, regardless of the behaviour they have held. Enlisted and troops manage to achieve longer stays, but ten years are the maximum and rarely reached limit.
Interpersonal relationships
The use of the Italian language is required. The relationship of subordination must be based on respect and courtesy. In interpersonal relationships it is compulsory to indicate the rank (military or civilian) or the use of the academic title for the officials. Addressing the superior must be preceded by the term "sir".
Royal Carabinieri must run the utmost fairness, impartiality and courtesy and must maintain irreproachable conduct, in order to collect the esteem, the confidence and respect of the citizens, and must refrain from behaviours or attitudes which are improper. Personnel conduct, also off-duty, must maintain conformity with the dignity of their duties. Royal Carabinieri must:
- Not abuse of authority to their advantage;
- Not disparage the administration and its members;
- Not accept presents or gifts without permission;
- Not borrow without permission;
- Not maintain, outside of service requirements, relationships with people who notoriously do not enjoy public estimation;
- Not attend, outside of service requirements, people involved in immoral activities or against morality or prejudiced.
Troops and Subofficers must notify the official engagement. The General Command can prohibit marriage if the future spouse presents risks of injury to the prestige of the State. Alternatively, the soldier may resign. Upon notification of the engagement, the soldier is transferred ex officio to another department, responsible for a territory other than that in which the girlfriend or spouse lives, but usually close to it. The transfer is arranged in order to avoid conflicts of interest towards the spouse and any children.
Officers must obtain formal approval from the Duce in order to get married. In concrete terms, the Ministry of National Defence is responsible for the preparation and approval of the permit.
Law enforcement code of ethics
The Royal Carabinieri are a security force under the functional authority of the Minister of the Interior. Fulfilling their police duty, they act in accordance with the rules laid down by the Criminal Procedure Code.
They are tasked with defending national institutions and the national interest, maintaining law and order, safeguarding people and both national and private property. Carabinieri serve the Fascist institutions of Italy and the Italian nation with loyalty and a sense of honour and devotion to duty.
The ethical rules laid define the obligations incumbent on military personnel tasked with police duties as they carry out their tasks of law enforcement on duty and off duty.
Military status
Personnel of the Royal Carabinieri have military status. They obey military rules and uphold the values inherent to their status. The military profession requires discipline, availability, loyalty and impartiality in all circumstances. It calls for a spirit of sacrifice - including the ultimate sacrifice. The duties and undefined obligations involved deserve the consideration of the Nation and the complacency of the Duce.
Military honours are paid to Royal Carabinieri that die in the course of duty or because they were wearing their uniform. Their memory is honoured.
Authority
The duly empowered commanding officer makes decisions, gives orders and sees that they are carried out. He makes certain that instructions are clear and gives all the relevant information needed to make them understandable and takes responsibility for the orders given. Orders and instructions are relayed to subordinates via the chain of command. If direct transmission is imposed by an emergency, intermediate commanders must be informed promptly. When a subordinate carries out an order, the officer who gave the order is liable.
Commanding officers pay constant attention to safeguard the well-being of their subordinates. They also watch over their physical and mental health. Commanding officers create and implement suitable training for personnel. This training shall be updated regularly to take account of changes affecting the policing activities, both in terms of criminal investigations and administrative duties.
Royal Carabinieri inform their commanding officer promptly of any incident, on duty or off duty, that has led to or could lead to their being convened by a law enforcement, judicial or supervisory authority.
Royal Carabinieri loyally and in good faith carry out instructions and obey orders received from the commanding officer, unless the order given is patently unlawful and at the same time could seriously adversely affect the public interest. If such an order is received, they make their objection known to the authority that gave the order. If the order is maintained despite their objections, they must obey without liability.
Royal Carabinieri report to the commanding officer about the execution of orders received or, if appropriate, about the reasons why they were not carried out. Facts and events must be reported faithfully and accurately in written reports.
Relationship with military authorities
Commanders of the Royal Carabinieri must, with the most prompt means, inform the relevant military authorities of all the events or findings made about people or things, which may affect them, as well as of all the extraordinary facts in which the intervention of the troops or of said military authority may be necessary, or useful and convenient; military forces tasked with police duties commanders must also report on what is related to service operations, in which soldiers belonging to the military forces tasked with police duties have nevertheless participated, or have been killed or injured.
On the other hand, commanders of the Royal Carabinieri must provide the military authorities with all the news or information, even outside the special service of the Corps, which may be of interest to them or requested. Military authorities must direct requests, as far as possible, to commands governed by officers.
Military salute
Personnel of the Royal Carabinieri is required to salute towards superiors (both military and civilian ones) and the superiors are obliged to respond. The salute is a form of courtesy between soldiers of the same rank and to officials outside the administration with which the staff come into contact for service reasons.
Officers
Officers of the Royal Carabinieri are subject to the rules of the Regulation of military discipline for the Army and the military criminal law. There are slightly more than 8,000 officers. They are public security officers; junior and senior officers are also Officers of Judicial Police, while General Officers lose this capacity. Officers within each province depend on the relevant Prefect and on the relevant Provincial Commander of the Royal Carabinieri.
Cadets are recruited through public competition reserved for two-thirds to citizens between 18 and 23 years and the remaining third to the Subofficers of the Corps with at least two years of service; the passage from troops to officer corps is encouraged. All Cadets, as well as physical and mental qualifications to the permanent police service, must have the high school diploma. In the Public Security system, which in turn is part of the wider law enforcement process, military officers are only exceptionally in charge of police services, while their task is essentially maintaining order and dealing with administrative and disciplinary matters: the bulk of police services is carried out by troops and subofficers.
Subofficers
The non-commissioned officers of the police force operate:
- in operational units, as commanders of the judicial police teams;
- in framed units, as the platoon commanders;
- in separate sections, as commanders of traffic police, post police, and border police posts.
Marshal Major of the Royal Carabinieri - Special Grade
Within the Royal Carabinieri and the Coast Guard, Marshals Major can be promoted to the appointment of a "Special Grade". These Subofficers are employed such as Subsection commanders of the Highway Police Service, platoon commanders at the police schools, chief clerks or other posts of particular importance.
The promotion to Marshal Major - Special Grade is awarded as a result of a favourable outcome of an aptitude test. The qualifying examination consists of a written test of professional culture and in an internship for a period of one year at commands or departments. The maximum number of the Marshals Major - Special Grade is 500 units, and it is included in numbers of the Marshals Major.
Subofficers ranking Marshal Major - Special Grade have as their distinctive insignia a narrow golden stripe on jacket cuffs. A Marshal Major - Special Grade may be assigned to command tasks usually reserved for junior officers but needing of experienced personnel:
- Naval squadron (Coast Guard only);
- Cadet Platoon Leader;
- Platoon Leader;
- Judicial police team chief;
- Chief Administrative Officer.
Brigadiers
The role of Brigadiers, the intermediate troop rank of both the C.P.R. and Carabinieri, is roughly equivalent to the lower echelons of Sergeants in Commonwealth and U.S. armies. All Brigadiers have the qualifications of Agent of Public Security and Officer of Judicial Police. The category is divided into two ranks:
- Vice Brigadier (Vicebrigadiere); Appointees and Chief Appointees who have at least 11 years of actual service can be promoted Deputy Brigadier through internal competition; those who pass the competition undergo a training course of six months.
- Brigadier (Brigadiere); the promotion to Brigadier is achieved through a merit-based selection, among the Vice Brigadiers who, to the date of the selection, have completed at least five years of actual service as Vice Brigadier.
Brigadiers perform executive duties, requiring an adequate professional preparation and with reduced margin of initiative and discretion; Vice Brigadier can also receive the command of small units, they are responsible for; "full" Brigadiers may be detached to command police posts. Brigadiers may, finally, replace their superiors in case of temporary absence or impediment.
Agents and Appointees
Agents and Appointees are the lowest tier of the Militarized Police Corps; they have the qualifications of Agent of Public Security and of Agent of Judicial Police, and perform clerical duties with a reduced margin of initiative and discretion. In the Carabinieri, the rank titles of Agent and Agent 1st Class are replaced by Carabiniere and Carabiniere 1st Class. They can also perform training tasks. Appointees can control and manage one or more agents. Chief Appointees can receive the status of Officer of Judicial Police, after passing the dedicated course. The role of agents and assistants is divided into four ranks:
- Carabiniere (Agent).
- Carabiniere 1st Class (Carabiniere Scelto); the promotion to Agent 1st Class is achieved through a merit-based selection, among the Carabinieri who, to the date of the selection, have completed at least five years of actual service.
- Appointee (Appuntato); the promotion to Appointee is achieved through a merit-based selection, among the Agents, 1st Class who, to the date of the selection, have completed at least five years of actual service as Agents, 1st Class.
- Chief Appointee (Appuntato Capo); the promotion to Chief Appointee is achieved through a merit-based selection, among the Appointees who, to the date of the selection, have completed at least five years of actual service as Appointees.
Student Carabinieri attend a course lasting twelve months, including nine months of training at the Carabinieri Training Centre, and three months of internship in departments or offices of Public Security. The Student Agents can not be used in operational services, unless there are exceptional requirements of public order or civil unrest. The Student Carabinieri during the training period undergo aptitude selection for assignment to special services. At the end of the training period, the Commander of the Centre expresses fitness judgement or the judgement of rejection. Passed Student Carabinieri are appointed "Probationary Carabinieri" and sent for the internship. At the end of the internship, "Probationary Carabinieri" achieve the appointment of full Carabiniere. They take an oath and are placed in the role.
The enlistment of the troops is marked by strict criteria already during the preliminary determination of requirements: the aptitude tests and general knowledge are preceded by painstaking investigations and capillaries on the person and the family of the aspirant. The reappointment is three years for the duration of the service until retirement, which means that the agent which no reported judgments of at least enough about the quality of its service is automatically relieved of his duties by the Corps. Such treatment is justified by the fact that the military can not ever take for granted his reappointment, is held in a constant self-improvement.
Enlisted troops are subject to harsh disciplinary measures, also affecting their own private life: marriage may only be contracted after the age of 28 years after having served at least eight years of service and with prior authorization from the competent Ministry. Finally, the priest celebrating the marriage must issue a pass permit authorizing the guard to sleep at hotels with his consort during the honeymoon.
Public Order services
The State apparatuses are organized chiefly to suppress and stifle intense and violent episodes of agitation, while Party forces are used for critical emergencies. Public Security, in particular, takes upon itself the task of addressing the riots, the insubordination to authority and banditry; the M.V.S.N., through the National Royal Guard, has the task to cope with a terrorist or insurgent emergencies. It is commonly accepted that the intervention of the police assume the punitive nature of the judicial authority.
Public Order services are governed by a special Provincial Commander's order, which regulates all the roles of employees in service, including officials in charge of the service itself. The Head of Service is always an officer, mostly part of the local Political Office, and he wears civilian clothes with the Tricolour Scarf; also all other personnel of the local Political Office and of the Mobile Squad (the detective department) who may be present are in civilian clothes. All others wear the uniform. Only the Head of Service is in charge. Other officers are under him in the roles specified in the Provincial Commander's order: they have command of their units, but are subordinate to the Head of Service.
Both predominant mentality and operational approaches are heavily influenced by the fascist characterization of the Kingdom of Italy and they are no way intended to guarantee the expression of a political pluralism: however, Italy is no longer a totalitarian State. Riot control follows this setting: although most rallies and demonstrations are carried out by opponents to the Government (but mostly protesters are Fascists who do not support the particular faction in power), the predominant contrast approach do not deny, in practice, the right to demonstrate. The Public Security apparatus (but not the Party armed units) tends to distinguish between "good protesters" (Fascists, peaceful, young, pragmatic, well-disciplined, with a direct interest in the confrontation and with a specific goal) and "bad protesters" (non-fascist or even anti-fascists, uninformed, violent, "professional agitators"); this distinction is present both in official rhetoric and in operational knowledge.
A military atmosphere prevails: dress codes, behaviour standards, and rank differentiations are more strictly adhered to than in the regular police. Esprit de corps is inculcated with regular ceremonies and institutionalization of rituals such as applauding personnel dispatched to or returning from assignments and formally welcoming senior officers to the mess hall at all meals. They are also trained to take pride in their poise under stress.
Special and Riot units
Special and Riot units are employed both for public order services (armed services, grand police services, crowd and riot control, counter-guerilla warfare and anti-banditry units) and for military duties, as well as emergency relief and territorial police support; however, the primary focus consists of the public order services and only in exceptional circumstances the territorial police is supported by the special units. These units, serving as a sort of counter-balance for the National Royal Guard internal troops, are manned and directed exclusively by the Royal Police Corps on by the Carabinieri and are directly employed by the Directorate General of Public Security.
Paratroopers
The Special Unit of Public Security Paratroopers (It: Reparto Speciale Paracadutisti di Pubblica Sicurezza) and Carabinieri Paratroopers Battalion (Battaglione Carabinieri Paracadutisti) are two battalions of operational rapid deployment, made up of men of great courage, significant ability, resistant to fatigue and of proven loyalty to Fascism. The Special Unit is head-quartered in Pavia, while the Carabinieri Battalion is head-quartered in Naples.
Riot units
Celere Units (Reparti Celere) and Mobile Battalions (Battaglioni Mobili) are units intended for use on the national territory for the protection of public order. They are also used to assist the local police, both in conjunction with the M.V.S.N. or alone. Celere Units are commanded by a Colonel each, assisted by a Senior Officer acting as deputy and they depend directly on the General Inspector, while functionally they are directed by the Public Order Office. Mobile Battalions, on the contrary, are led by a Lieutenant Colonel and depend on the General Command. Both in CPR and in CC units, commanding officers deal with non-operational issues, such as disciplnary matters, training, logistics.
Uniform
The uniform of the riot and special units reflects Carabinieri colours, but it has specific features. The uniform consists in a black coat with zipper, behind which appears the detachable inscription "CARABINIERI" in reflective fabric and trousers equipped with side pockets. Pants and jacket are in fireproof fabric and internally reinforced.
The uniform includes the black beret with badge, black tactical vest with pockets. The pockets of the tactical vest staying grenades and radio.
The uniform also includes a black sweater turtle-neck (in summer it is replaced with a black T-shirt with the script "CARABINIERI"), black Cordura belt and crimson colored handkerchief that wraps around the neck, black infantry boots.
Control of the territory
The main and foremost task of the Public Security apparatus in all its articulations is the control of the national territory; this control of the territory does not consist only in the general surveillance, which is solely capable of preventing the consummation of crime in a way limited in time and place, but it consists in the observation and knowledge of the social environment in order to have a complete mastery of the territory and of the local crime. This "mastery of the territory", in turn, is achieved if the units in service are capable of observing and knowing the environment - as a set of places and people - as well as to associate with the generic surveillance also news and information research and gathering, fundamental instruments of knowledge but also a deterrent to crime; in this way, potential offenders see themselves "marked and monitored". The preventive activity becomes, thus, control of the territory, understood as observation, knowledge and mastery of the environment.
Sea border protection
The sea borders protection is carried out by the Public Security in conjunction with the Coast Guard as its main arm. Division VIII - Border Police is tasked with securing and protecting Italy's sea borders from unlawful entry of both personnel and materiel. Key tasks include security patrolling between ports of entry, interdiction of personnel, goods, and equipment in the coastal area; and detention, processing, and exploitation of dissidents and contraband.
The border police serivce is carried out by the Coast Guard under the directives of the Border Police Division and by by the M.V.S.N. (all branches) as support to the Coast Guard. The patrol of territorial waters is carried out, as well as to ensure the safety of navigation and the defence of maritime borders, also to prevent access to ships loaded with foreigners rescued in the Mediterranean Sea.
In major ports there is a Seaport Border Police Office. It provides the border police services, reporting directly to the Minister the most important incidents, and to the local Questura for the facts that may have an impact on the public order and security. The Seaport Border Office maintains relations with the Coast Guard and the Port Captaincy, and helps to ensure compliance with the instructions given by the Port Commander and the other authorities, provides for all tasks of public order and security, depending on the provincial authority of public security and contributes to ensuring the protection of the maritime domain.
Equally important to prevent and repress clandestine entry of people it is the action carried out along the "open" maritime border. In fact, the control device at the land borders is further supplemented by specific surveillance plans at sea and on the coasts that see the participation of the Public Security Administration, the Coast Guard and the Navy, engaged with men and vehicles in contrasting the immigration.
Management of immigrants entry
Should a group of illegal immigrants arrive despite the surveillance in Libya, a complex procedure is carried out.
The Ministry of the Interior acts in concert with the Ministry of Infrastructure to assign the "Place of safety" where the ship may dock, but in fact decides where the docking must take place. The Interior Ministry, then, prepares the Royal that at the time of landing must deal with both the identification of foreigners and their distribution in detention and work centers.
Local Police
In Italy, Administrative Regions, Provinces and Municipalities are the holders of local and administrative police functions related to the powers conferred on them by the State by administrative delegations. To that end, municipal or provincial administrations set up local police activities. To do so, municipalities and provinces are required to establish local police services, under the authority of the Podestà or of the Rector, for the task of enforcing local regulations.
The Government Commissioner, the Rector of the Province and Podestà, in the exercise of their functions, give directions and supervise the functioning of the local police service. The personnel of the local police, while since 1984 under disciplinary overall control of the M.V.S.N. Provincial Legion, depends on the competent Authorities of Public Security, through the Commander of the local police. Local Police Agents are Auxiliary Agents of Public Security, and in this capacity they are required to carry out the orders given by superiors and the responsible authorities for the individual operating segments, within the limits of their legal status and laws.
Functions
Local Police functions mainly include the protection of citizens from disasters, illegal trade fight, health personnel support, traffic police service (on secondary roads or in inhabited settlements), traffic regulation and parking, as well as local regulations enforcement.
Without prejudice to the general jurisdiction of the Public Security Administration, and within the limits of their powers, the municipal police officers carry out also duties required for crime prevention, public order, security, and public safety. During service, operations outside the territorial jurisdiction on individual initiative are permitted only in case of necessity due to the flagrant offence committed inside the jurisdiction, while planned external missions for rescue in case of calamities and disasters, or to provide support to other Corps to strengthen services on special occasions, are permitted upon an order/authorization by the Prefect.
The judicial investigative authority (i.e. Prosecutor or Examining Judge) may make use of personnel of the local police. In this case, the local police personnel depends operationally on the competent judicial authority; personnel assigned to Prosecution are given the qualification of Agent of Judicial Police or, if the situation requires so, even the qualification of Officer of Judicial Police, although a specific course must be undertaken.
Neighbourhood watch
A neighbourhood watch (Italian: Polizia Vicinale, PV) is a M.V.S.N.-organised group of Fascists devoted to crime and vandalism prevention within a neighbourhood, mostly in urban areas. It is part of the crime prevention scheme under which members of a given community agree together to keep an eye on the whole community, therefore including also others' private properties, reporting suspicious incidents to the police. When a criminal activity is suspected, members are encouraged to report to authorities, and to intervene if the intervention is deemed both necessary and possible.
Neighbourhood watchmen are not subordinated to the Public Security bodies and the management staff is established from both the M.V.S.N. and the P.N.F. itself; the membership is free and on voluntary basis, but a convicted or sentenced party member cannot be part of a watch. The patrolling watches themselves are often accompanied by PS, Local police or M.V.S.N. officers, for general guidance and official support. Although watches are informal teams, they as private citizens could perform citizen arrests of various petty offenders: drunkards, hooligans, etc. They are also used to support the Public Security in performing minor law enforcement duties. Watchmen on patrol are distinguished by black armbands with the white text "PV" on them worn over P.N.F. party uniforms.
Provincial administration of P.S.
Under the Ministry of the Interior it is also located the peripheral structure of the Administration of Public Security, whose mainframe is the provincial boundary. At the provincial level the figure of the Prefect is characterised by a dual role: he is responsible for the implementation of the ministerial directives and the direction of the police, and is also responsible for provincial order and public security.
In particular, the Prefect is not part of the chain of command which the Provincial Commander of the Royal Carabinieri belongs to; however, the Provincial Commander operates under the Prefect. In addition, the Prefect is hierarchically subordinate to the Minister of Interior. The Prefect prepares plans for control of the territory, which the Provincial Commander must implement.
The Podestà, however, in his capacity as Local Authority of Public Security, is framed in a position of functional subordination to both the Prefect and Provincial Commander; he can be called to work in the fields of competence for the best performance of the function of public security.
There are also some police offices which are not under the Provincial Commander's command as Carabinieri officer, but are under his direction in his capacity as head of the Public Security service in the province: these offices are, usually, Services detachments; finally, mobile units are not under Provincial Commander's command nor direction, having their own chain of command. The Prefect, however, can use all of Local Police, CC.RR., M.V.S.N., G.N.R. units, offices and services in the Province, if he deems that the situation requires so.
Provincial Commission for the Public Order and Security
The Provincial Commission for the Public Order and Security is a consultative commission established at each Prefecture. The Provincial Commission for the Public Order and Security consists of the Prefect, the Provincial Comamdner of the Royal Carabinieri, the Federal Secretary of the National Fascist Party, and of the Commander of the local M.V.S.N. Provincial Legion or their delegates.
Territorial Commission for Security
The Territorial Commission for Security's task is to conduct periodic the territory of the state of security analysis and to take joint action to improve the safety conditions of every citizen and every public place. The Commission is established in every municipality with a population exceeding 20,000 inhabitants, chaired by the Prefect of the province or his delegate (usually the head of the relevant District), and consists of the local Podestà, of the local Political Secretary, the provincial Commander of the GRdF or his delegate, the Provincial Commander of the Royal Carabinieri or his delegate (usually the relevant Company Commander) and of the commander of the municipal police.
Provincial Command of the Royal Carabinieri
The performance of police services is provided by provincial and local offices. In the capital city of the province, it functions, dependent on the local Prefect, on the Chief of Police and on the Commandant-General of the Royal Carabinieri, the Provincial Command of the Royal Carabinieri. In other smaller centres are established detached Royal Carabinieri Company, reporting to the Prefect and the Provincial Commander. The most populous cities are divided into districts or sections, each subject to the Provincial Command of the Royal Carabinieri.
In municipalities where an office of public security is not established the Podestà exercises the functions of an officer of public security under the direction and dependence of the Prefect and the Provincial Commander of the Royal Carabinieri.
There are Identification Cabinets which, together with the central identification services, facilitate the service identification of the culprits.
The offices of the Provincial Command of the Royal Carabinieri are divided into four functional areas: the first (Staff) deals with services more directly aimed at the maintenance of order, the second (Operational Department) provides for the discovery of the crime and is maintained for such purposes, in direct contact with the judicial authorities and the third (Administrative police office) exercises functions of a preventive nature, while the territorial control activity is performed by the fourth Division.
Maritime law enforcement of the Kingdom of Italy
The maritime law enforcement in the Kingdom of Italy follows a different model from that employed on the mainland. The Directorate General of Public Security has an important role, but it is not the sole or the main authority: it shares the policy definition with the Royal Guard of Finance and its main operational arm is the Corps of the Coast Guard, while the Royal Police Corps has a minor role. The P.S. body in charge for maritime law enforcement is Division VIII - Border Police, which cooperates with the Ministry of Transportations and of Infrastructures.
Coast Guard
The Coast Guard is one of the military corps tasked with permanent police duties. It operates in the Italian ports, and possibly also at the offices of the harbour. The Corps is competent in terms of safety of the ports and beaches, as well as business within its limits and supervises all the activities taking place at sea and on appliances sea.
Policing the Italian Empire
The law enforcement in the realms of the Italian Empire is carried out according organizational patterns quite different from the Italian model, although still retaining some similarities. The main difference consists of the fact that - with the Montenegrin exception - all police forces are Gendarmerie corps, without the civilian officials and with a reduced role for civilian governors. This is due to a variety of reasons: in Libya the public order conditions are so fragile and poor that the civilian management is unnecessary and generally unfit for a ready response which goes beyond the District boundaries, while in Ethiopia and Somalia the desert or uninhabited areas make unfit a civilian and city-based organization; in Eritrea the size of the operational area can be easily controlled from the central authority; finally, in Albania there is a well rooted Gendarmerie tradition and it is a recurring joke to say that Carabinieri managed to survive in a land that is almost Italy.
On the other hand, all realms of the Italian Empire have a Ministry of Interior and a Directorate-General of Public (Montenegro, Albania and Ethiopia) National (Libya) General (Somalia) Security (specific names could vary) organized like the Italian Directorate General; these "Autonomous" Directorates General are co-ordinated from Rome, although they do retain significant autonomy about local and non-political matters.
Ranks and insignia of the law enforcement services in the realms of the Italian Empire