GUZZARDI v. ITALY JUDGMENT
15
Appeal has to give a reasoned decision (decreto) in chambers within thirty
days (section 4, fifth en sixth paragraphs). That decision may in turn and on
the same conditions be the subject of a further appeal to the Court of
Cassation which must give its ruling in chambers within thirty days (section
4, seventh paragraph).
49. When adopting one of the measures listed in section 3, the Regional
Court will specify for how long it is to remain in force - not less than one
and not more than five years (section 4, fourth paragraph) - and will give
directives with which the person in question must comply (section 5, first
paragraph).
In the case, as here, of an individual who has been placed under special
supervision because he is suspected of living on the proceeds of crime, the
Regional Court will direct him to look for work within an appropriate time,
to establish his residence and advise the police authorities (autorità di
pubblica sicurezza) thereof and not to leave it (allontanarsi) without first
informing them (section 5, second paragraph; see paragraph 12 above).
In all cases, The Regional Court will order the individual to lead an
honest and law-abiding life; not to give cause for suspicion; not to associate
with persons convicted of criminal offences and subjected to preventive or
security measures; not to return to his residence at night after, and not to go
out in the morning before, a specified time, except in case of necessity and
after having given notice in due time to the authorities; not to keep or carry
any arms; not to frequent bars or night-clubs; not to take part in public
meetings, etc. (section 5, third paragraph; see also the fourth paragraph of
that section and paragraph 12 above).
Anyone who, like Mr. Guzzardi is subject to a compulsory residence
order may also be directed not to leave (andare lontano) his house without
notifying the supervisory authorities (autorità preposta alla sorveglianza)
and to report to them on stated days and whenever called upon to do so
(section 5, fifth paragraph; see paragraph 12 above). The person concerned
will be issued with a card which he must carry with him and show to the
police whenever so requested (section 5, sixth paragraph).
50. The Chief of Police is responsible for the implementation of these
various measures (section 7, first paragraph). On application by the person
concerned and after the police have been heard, the decision ordering the
measures may be revoked or varied by the authority (dall’organo) which
issued it, insofar as the grounds therefore no longer exist (section 7, second
paragraph).
51. Any person who fails to abide by the obligations attaching to special
supervision or by those specified in a compulsory residence order is liable
to a penalty of "arrest" of three months to one year or six months to two
years, respectively (section 9, first and second paragraphs, and section 12,
first paragraph).