COMUNITY SERVICE ORDER

COMUNITY SERVICE ORDER AT LIBRA ASSOCIATION

In addition with local Authorities, the presentation of non-remunerative activities can be developed also in the field of association of social assistant and of voluntary that have previously subscribed a convention with the Ministry of Justice or, by a power of attorney , with the President of the Tribunal in which area have the legal seat. Now also LIBRA Onlus, engaged for years in themes of reparative justice, can engage who want to develop non-remunerative activities in favour of the collectively: we take at the same time no more than two person, that will be involved not only in activities of administrative support and organised but, especially, in the participation of our social projects. This allow the person engaged of maximising benefits and the re-educative potential intrinsic to the realities of the third sector: after a previous interview with the person, the referent of LIBRA will assign him/her the activity to develop, according to his/her exigencies: family, study or work.

We chose to insert workers in initiatives that are part also with the theme of security – since our interest in the diffusion of a culture of legality – with as its component the road safety, privileged field where the non-remunerative activity take place under Art. 186 and 187 of the road safety, the first of which has the increasing number of cases for which this sanction is applied.

The normative

The institute of Works of Public Utility, exists since years in the Italian legal system, today it has a wide expansion thanks also to the law 120/2010, that reformed the Highway Code considering the possibility of these punishment in substitution of the detention or amends for the cases of driving under influence or psychophysics for the use of drugs. In any case, is important underline that the work of public utility can assume different aspects:

• Substitutive sanction in case of pecuniary punishment not executed for insolvency of the condemn (L. 689/81, law of decriminalisation);- sanction accessory for crime as the constitution of organisations, associations, movements or groups that have as their objective the instigation to discrimination or violence for racial, ethical, national or religious motivations and as for instigation, attempt, commission or participation to facts of genocide (D.L. 122/1993 conv. In L. 205/1993);
• Sanction for crimes of the competence of Justice of the Peace (D.Lgs. 274/2000);
• Condition to which it can be subordinate the suspension of the punishment (L. 145/2004);
• Alternative punishment for the crime of drug pushing of small entity  (L. 49/2006);
• Accessory punishment that the judge can applied in the cases of murder crimes by the violation of the norms of the Highway Code (L. 102/2006);
• Possibility recognised to offenders and to condemns  (D.L. 78/2013).

What is CSO?

Under Art. 54 D.Lgs. 274/2000, the work of public utility consists in the «presentation of non-remunerative activities in favour of the community to develop by State, regions, provinces, municipalities o in authorities or organisations of social assistance and voluntary». Its development can start in the field of the province in which the condemn has the residence and in any case it can include:

• Supply of work for organisations of social assistance or voluntary that operate, in particular, towards drugs addicted, people who are affected by HIV, disable, sick people, seniors, children, non-EU;
• Supply of work for purposes of civil protection, also with the rescue of the population in case of natural disaster, of protection of environmental and cultural heritage, also included the collaboration for the prevention of fires, safeguard of forestry heritage or of particular agricultural productions of recovery of maritime state property and of museums and art galleries conservations;
• Supply of work for the protection of flora and fauna and for the prevention of stray animals;
• Supply of work in the maintenance and in the honour of hospitals and nursing home or of the state property also included gardens, villas, parks, with the exclusion of properties used by Police Force;
• Other supply of work of public utility link with the specific professionalism of the condemn.

Furthermore the reform of the Highway Code established that, in case of driving under influence or of alteration for using of drugs, the non-remunerative activity will be develop primary in the field of security and road education.