Misure di prevenzione agli stalker

Il Tribunale di Milano ha comminato ad un presunto stalker, ad una persona indiziata, una misura di “sorveglianza speciale per pericolosità sociale”.

A Milano per Stalking: una delle prime applicazioni della misura di prevenzione della sorveglianza speciale.

La  “Sezione autonoma misure di prevenzione” del Tribunale di Milano, presieduta dal giudice Fabio Roia, ha applicato al presunto stalker   la misura di sorveglianza speciale per pericolosità sociale. L’uomo, accusato di atti persecutori nei confronti della ex compagna, è imputato. Contro di lui ci sono due procedimenti in corso: uno per stalking, l’altro per violenza sessuale. L’uomo non è stato condannato in nessuno dei due casi.

Il cambiamento introdotto dalla legge n.161/17

A seguito dell’entrata in vigore della recente legge 17 ottobre 2017, n. 161, di riforma del Codice antimafia, agli indiziati di stalking potranno essere applicate nuove misure di prevenzione. In particolare, sarà applicabile la sorveglianza speciale di pubblica sicurezza, cui può essere aggiunto, se le circostanze del caso lo richiedano, il divieto di soggiorno in uno o più comuni, diversi da quelli di residenza o di dimora abituale o in una o più province. Quando le altre misure di prevenzione non siano ritenute idonee può essere imposto all’indiziato di atti persecutori l’obbligo di soggiorno nel comune di residenza o di dimora abituale. Infine, con il consenso dell’interessato, anche allo stalker potrà essere applicato il c.d. braccialetto elettronico, una volta che ne sia stata accertata la disponibilità.”

I giudici del Tribunale di Milano hanno deciso di applicare al presunto stalker  la misura di sorveglianza speciale per pericolosità sociale sulla base della riforma del codice antimafia, Legge n. 161 del 2017. La legge n. 161/17 ha esteso l’applicabilità delle misure di prevenzione anche ad altre fattispecie, tra le quali quella prevista dall’art. 612 bis c.p., anche in considerazione dell’allarme sociale che questi reati suscitano.

Viene applicata una misura senza condanna: “Stalker come mafiosi”: sorveglianza speciale senza condanna/ Tribunale Milano: “rischio femminicidio”.

La sentenza completa del Tribunale di Milano “Prevenzione speciale per imputato di stalking (Trib. Milano N. 58/18 R.G.M.P)” è scaricabile qui.

È una sentenza importante poiché applica una misura di prevenzione ad una persona imputata  di stalking. I giudici hanno individuato concreti ed attuali elementi sintomatici ed indicatori di pericolosità sociale.

L’obbiettivo dichiarato nella sentenza è dare alla vittima una maggiore sicurezza e una tutela concreta. Sicurezza  oltre quanto disposto nelle eventuali misure cautelari.

Punti critici dell’applicazione della misura di prevenzione della sorveglianza speciale allo stalking 

Punto critico per la difesa del presunto stalker:

  • viene imposta ad una persona indiziata una misura di “sorveglianza speciale per pericolosità sociale”. Il soggetto è in qualche modo “riconosciuto come pericoloso” senza che ci sia stato un processo e senza una condanna di primo grado. Viene ritenuto pericoloso senza che sia stato davvero condannato per aver commesso il fatto.
  • E se la persona durante il processo non è ritenuta colpevole? Intanto è stata ritenuta pericolosa socialmente e limitata nella sua possibilità e libertà di movimento.

Pericolosità sociale e tutela della vittima

Per la maggior tutela della vittima quali interventi per limitare o diminuire la pericolosità sociale del soggetto sono messi in atto?

Ovvero terminata la limitazione  di movimento il presunto autore sarà di nuovo libero.  Libero di riprendere i suoi “soliti” comportamenti poichè nulla è stato fatto con lui per ridefinire i concetti di violenza, di aggressività, di sopruso, di reato, di legalità. Nulla è stato fatto perchè prenda coscienza del disvalore giuridico e sociale dei propri comportamenti. Gli resterà  “solo” la rabbia di aver subito un sopruso.

Fondamentale è il trattamento, un momento di revisione del proprio comportamento.

Lasciare le persone a rischio di commettere reati a se stesse significa pensare ad una società che deve rinchiudere per sempre i soggetti-autori di reati ma anche gli indiziati.

Allo scadere della misura restrittiva questi soggetti poi rientrano nella comunità e nella quotidianità, e intrecciano relazioni affettive, amorose, genitoriali, di lavoro, etc..  E saranno ancora una volta relazioni abusanti, violente e stalkizzanti. Perché questi attori sono capaci di comportarsi e di gestire le relazioni affettive, amicali e genitoriali solo usando prevaricazione e aggressione.

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