Giorgia Meloni’s mess in citizenship income

There is time to solve the problem, but it’s a real mess, how else can I describe it? The Meloni government has decided to abolish basic income from 1 January 2024. But with the budget act, the RDC’s rules defining the crime of embezzlement were also repealed, with all the necessary penalties: abolition of crimes, in jargon. In short, a clean slate for all mischief-makers, past and present. The majority, with some embarrassment, will perhaps have to issue a decree to settle the matter.

But let’s go in order. It is not news today that from January 1, 2024, the basic income that the Conte-Di Maio-Salvini trio launched in the spring of 2019 will be just a souvenir. In 2023, disabled minors or people over the age of 60 are entitled to a 12-month salary. Recognized as “operable” for 7 months. Another subsidy will replace Rdc from next year, but there are no details about that at this time.

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However, there is a small problem. The strategy implemented by the government will save the smart ones, those who collect thousands of euros without any right, and those who are convicted of this crime, even with a final punishment. A real explosion. The Democratic Party submitted a no-confidence motion signed by eleven deputies to Justice Minister Carlo Nordio. In summary: the rules governing the subsidy have been repealed by the Budget law. Starting next year, the first 13 articles of Legislative Decree No. 4 of 2019 have been repealed, but among these 13 repealed items is Article 7, which defines all the penalties of the case and the crime of embezzlement of income. The person who submits a false statement or document in order to obtain the basic income is between two years and six years; Anyone who fails to report an increase in income or assets risks imprisonment from one to three years. Article 7 is the clause that determines the refund of unjustly received sums.

According to Pd’s interpretation (and endorsed by some jurists) the abolition of basic income (including clause 7) is a so-called abolition of crimes: if a subsequent law abolishes a crime deemed as such by the law in force at the time it was committed, prefer rei In other words, if everything is repealed, embezzlement crimes disappear, they disappear as if they never existed. Anyone who defrauds the state will not be punished because this crime is no longer in the law. If a trial has been made, the sentence can no longer be executed. The penalty should be abolished. Those who have been convicted will be able to demand the abolition of their sentence, even if it is certain, and those who will be convicted in 2023 will be able to do the same. until a few hours ago.

The report came from Pd

“Infuriated for removing a measure that helped the weakest, the Meloni government also lifted sanctions on basic income abusers. To fix the right-wing mess, we submitted a no-confidence motion that rewards those it should punish.” So on Twitter, democrat MP Andrea Casu.

“In its rush to lift a measure that has helped millions of people in distress, the government has issued perhaps the only amnesty it had ever considered among the many initiated in the maneuver,” says the Democratic Party leader. Party in Debora Serracchiani’s Room Republic – Messy, sure, but notable seriousness. The absurd result has been achieved by eliminating all discipline, and therefore accusatory norms. Except for more serious crimes such as the organization, the penalties for those who make false statements, use false documents or omit necessary information in order to earn basic income have been lifted. Sanctions against those who do not report changes in their income and assets are also removed.

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So what to do? The executive will inevitably have to bring back the crime of abuse of subsidies and roll back the penalties for those who defraud the state. There is time and place for a decree-law, but agreement will have to be made with the Quirinale from the very beginning, where we have Sergio Mattarella, who was strictly invited not to abuse in references to the Milleproroghe just three days ago. decision urgency. The possibility that the so-called ‘cunning’ will demand the abolition of fines from 2019 would be an unacceptable setback for the majority.

Theoretically, the government could wait until January 1, relying on the introduction of the new subsidy to reinstate crime. But because of the time gap this is a risky path and in any case it would be too complicated to put text neo on white. Indeed, it will have to balance the constitutional principle of retrospection of the more favorable penal code. Art. 2 para. 1 penal code and art. 25 c. Article 2 of the Constitution establishes the principle that the criminal law is not retroactive to the perpetrator, that is, no one can be punished for an event that did not constitute a crime under the law of the time it was committed. . Avoiding the increased risk of conflict will be the watchword for the coming months. A beautiful juniper.

Source: Today IT

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