14
GUZZARDI v. ITALY JUDGMENT
45. This Act makes provision for a variety of preventive measures which
can be taken against "persons presenting a danger for security and public
morality" (misure di prevenzione nei confronti delle persone pericolose per
la sicurezza e per la pubblica moralità).
46. Under section 1, the Act applies to, amongst others, "idlers" and
"habitual vagrants who are fit for work" (gli oziosi e i vagabondi abituali,
validi al lavoro), "anyone who is regularly and notoriously involved in illicit
dealings" (che sono abitualmente e notoriamente dediti a traffici illeciti) and
individuals who, by reason of their behaviour and style of life (tenore di
vita), must be considered as habitually living, even in part, on the proceeds
of crime or on the rewards of complicity therein (con il favoreggiamento),
or whose outward conduct gives good reason to believe that they have
criminal tendencies (che, per le manifestazioni cui abbiano dato luogo,
diano fondato motivo di ritenere che siano proclivi a delinquere).
The Chief of Police may send to such persons a warning (diffida) in
which he will call on them to mend their ways and notify them that, if not,
the measures mentioned in the subsequent sections will be put into effect.
A report by the Milan Chief of Police (see paragraph 12 above) indicates
that Mr. Guzzardi received such a diffida in Palermo on 26 September 1967
that is well before the events prompting his application to the Commission.
47. In the case of individuals who present a danger for public security or
morality and are found elsewhere than at their place of residence, the Chief
of Police may also send them back to that place and forbid them to return
without prior authorisation or until after the expiry of a period not exceeding
three years to the district from which they are being excluded; noncompliance with such an order will render them liable to a penalty of
"arrest" (arresto) of between one and six months (section 2).
48. If an individual presenting a danger to public security or morality has
not mended his ways despite the warning, he may, under section 3, be
placed under special police supervision (sorveglianza speciale della
pubblica sicurezza); if need be, this may be combined either with a
prohibition on residence in one or more given districts or provinces or, in
the case of a particularly dangerous person (particolare pericolosità), with
an order for compulsory residence in a specified district (obbligo del
soggiorno in un determinato comune).
Only the Regional Court of the chief town of the province has power to
order these measures; it will do so on the basis of a reasoned application by
the Chief of Police to its President (section 4, first paragraph). The Regional
Court must give a reasoned decision (provvedimento) in chambers within
thirty days. It will first hear the public prosecutor’s department and the
person concerned, the latter being entitled to submit written pleadings and to
be assisted by a lawyer (section 4, second paragraph).
The prosecuting authorities and the person concerned may, within ten
days, lodge an appeal which does not have suspensive effect; the Court of