36 GIULIANI AND GAGGIO v. ITALY JUDGMENT complied with or cannot be issued because of revolt or opposition, the police officers or carabinieri order the gathering or assembly to be broken up by force. The order is carried out by the police and the armed forces under the command of their respective senior officers. Refusal to comply with the order to disperse is punishable by a term of imprisonment of between one month and one year and by a fine of between 30 and 413 euros (EUR). C. Rules governing the use of weapons 147. In February 2001 the Ministry of the Interior issued a directive to questori containing general provisions on the use of tear gas and batons (sfollagente). The use of such equipment must be ordered clearly and expressly by the head of the service after consultation with the questore. The personnel must be informed. 148. In addition, Presidential Decree No. 359 of 5 October 1991 lays down the “criteria for determining the weapons to be issued to the public safety authorities and the State police”. The decree contains a description of the various weapons issued as standard (Articles 10 to 32), making a distinction between “personal weapons” and “collective weapons”. The personal weapons consist of a pistol which is allocated to the individual for the duration of his or her service (Article 3 § 2). He or she must keep the weapon, ensure its upkeep, apply the safety measures provided for at all times and in all situations and participate in the firing exercises organised by the authorities (Article 6 § 1). 149. Article 32 states that the authorities “may issue weapons with tranquilising agents (proiettili narcotizzanti)” and that in cases of necessity and urgency the Minister of the Interior may authorise police officers who have received ad hoc training to use weapons other than those issued as standard, provided that the weapons have been checked and do not exceed the offensive capacity of the standard-issue weapons (Article 37). The above-mentioned decree further provides that the standard-issue weapons must be appropriate and proportionate to the requirements of protecting public order and public safety, preventing and dealing with crime and other institutional aims (Article 1). D. The rights of injured parties during the preliminary investigation and following a request by the public prosecutor to discontinue the proceedings 150. Under Article 79 of the Code of Criminal Procedure (“the CCP”), the injured party may apply to join the proceedings as a civil party from the preliminary hearing onwards; the latter is the hearing at which the judge is called upon to decide whether the accused should be committed for trial.