Reati sentinella, stalker e interventi psico-criminologici

I comportamenti di molestie e poi di stalking possono esssere considerati reati c.d. sentinella. Reati che anticipano condotte lesive fino all’omicidio.

Il trattamento per i presunti stalker o autori di reato di stalking e di comportamenti aggressivi è sempre più richiesto dagli avvocati difensori.   E’ fondamentale che l’approccio trattamentale si basi  sulle maggiori evidenze scientifiche. A Padova gli stalker sono seguiti secondo il modello del Trattamento psico-criminologico integrato (TPCI).

Interventi di prevenzione

Il giudice Roia nel suo libro Crimini contro le donne: Politiche, leggi, Ibuone pratiche” invita anche all’intervento trattamentale sull’autore di reato nella fase di cognizione. Ovvero l’imputato, qualora non siano presenti psicopatologie che incidano negativamente sulla capacità d’intendere e di volere, deve-può essere trattato. Il trattamento è necessario per acquisire la percezione del disvalore giuridico e sociale del comportamento in ottica di prevenzione della recidiva. E sono trattamenti sul riconoscimento e consapevolezza delle emozioni e dei comportamenti aggressivi e violenti, di rieducazione alla socialità e di riduzione del rischio della recidiva.

La partecipazione ai programmi di trattamento ha effetti anche per la vicenda giudiziaria del soggetto. in particolare:

Quando l’imputato si sottopone positivamente ad un programma di prevenzione della violenza organizzato dai servizi del territorio il responsabile del servizio ne dà comunicazione al P.M. e al Giudice ai fini della valutazione (attenuazione delle esigenze cautelari).

L’indagato sottoposto ad una misura cautelare non detentiva accetta un’osservazione trattamentale per poter ottenere dei benefici sul piano dell’attenuazione o revoca della misura coercitiva adottata. L’osservazione va da sé che deve essere rigorosa e strutturata per evitare manipolazioni o adesioni strumentali al fine di ottenere benefici.

L’importanza dei reati c.d. sentinella del maltrattamento

Il giudice Roia parla anche d’interventi per anticipare la soglia di osservazione dei reati c.d. sentinella del maltrattamento. Ovvero di quelle situazioni violente e aggressive segnalate da diversi agenti istituzionali o sociali che arrivano al Questore il quale può procedere all’ammonimento, cioè con un ordine di cessazione della condotta violenza, dell’autore di fatto.  E l’intervento trattamentale può essere proposto in fase di ammonimento o addirittura rafforzare l’atto amministrativo dell’ammonimento con un’ingiunzione trattamentale.

Questo perché alcuni comportamenti e modalità di comunicazione del presunto stalker sono da considerare “eventi sentinella” cioè eventi che preludono a quell’escalation del comportamento di stalking e violenza che ben conosciamo.

Diventa  importante ai fini della prevenzione di violenza e maltrattamento riconoscere i reati c.d. sentinella, le comunicazioni violente e tutti i comportamenti molesti che possono diventare reato di stalking. Quindi  abbinare all’ammonimento del Questore dei colloqui psico-criminologici è fondamentale. Questi colloqui servono per limitare ed effettivamente intervenire sulla prevenzione della commissione dei reati. Interventi preventivi per la tutela della vittima piuttosto che  repressione dei comportamenti quando già sono avvenuti e la vittima ha già subito un danno.

Il Trattamento psico-criminologico integrato (TPCI)

I colloqui trattamentali indagano gli aspetti criminogenetici e criminodinamici del comportamento persecutorio e/o violento e perciò sono la base per la valutazione del rischio di commissione reato. Il trattamento molto importanteper la tutela della vittima.

Inoltre, la letteratura indica diverse tipologie di stalker, diverse tipologie di maltrattanti e abusatori e durante il colloqui si chiariscono questi aspetti. Definire   le tipologie, le categorie è essenziale per la scelta degli interventi più efficaci.

Anche a Padova esiste la possibilità del trattamento per i presunti stalker o autori di reato di stalking e di comportamenti aggressivi.  Gli indiziati e gli indagati sono seguiti secondo il modello del Trattamento psico-criminologico integrato (TPCI) che si basa sulle maggiori evidenze scientifiche.

Gli incontri sono individuali proprio per aderire alle richieste  cautelari,  o delle indicazioni dell’ammonimento o in base alle esigenze socio-personologiche del soggetto.

Gli incontri di Trattamento psico-criminologico integrato sono settimanali, con monitoraggio continuo e frequenti valutazioni del rischio per una completa tutela della vittima. Il trattamento dura dai 9 ai 12 mesi.

Fondamentale è il continuo contatto e confronto con il difensore o gli Enti preposti invianti.

 

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