Violence against healthcare workers, decree approved: way to deferred flagrant arrest

The legislative decree with urgent measures to combat the phenomena of violence against healthcare professionals was approved today in the Council of Ministers. “Today we have given another concrete response to protect doctors, nurses and all health and social care workers. With the approval of the decree law on aggression Arrest in flagrante delicto, even deferred, is immediately applicable for anyone who attacks a healthcare worker. We have maintained a commitment made with those who dedicate themselves every day with competence and dedication to the care of citizens and do not deserve to be the object of violence”, stated the Minister of Health, Orazio Schillaciillustrating the legislative decree approved today in the Council of Ministers.

What the decree provides

“The decree also – continues the minister – increases the penalty for those who damage property inside or outside a healthcare facility. We no longer want to see violence against women and men in the health service, nor the destruction of emergency rooms or departments.” “These measures are added to the others already approved last year, for preventive and deterrent purposes: the penalties for attackers, ex officio prosecution is already foreseen, regardless of the report of those who are attacked and police facilities in hospitals have been strengthened. We want people to work safely in health and social care facilities – he concludes – but we know that alongside these dutiful and necessary interventions, an even greater effort is needed on a cultural level. For this reason we will continue to promote, together with the categories, campaigns to raise citizens’ awareness and strengthen the relationship of trust between patient and doctor”.

The law decree – explains the ministry in the note – modifies the articles of the code of criminal procedure 380 (mandatory arrest in flagrante delicto) and 382 bis (arrest in flagrante delicto deferred): compulsory arrest in flagrante delicto also extends to acts of violence that cause personal injuries to healthcare professionals or which cause damage to movable and immovable property intended for healthcare, with the consequent compromise of the public service provided by the structures. Furthermore, compulsory arrest in flagrante delicto, even “deferred”, is applied, i.e. in the 48 hours following the criminal conduct unequivocally proven by video-photographic documentation.

The law also modifies article 365 of the penal code, providing for an aggravated penalty for anyone who damages movable or immovable property inside or in the vicinity of residential or semi-residential, public or private, healthcare or social-health facilities, including the property of doctors and healthcare personnel. : imprisonment from one to five years and a fine of up to 10,000 euros and the penalty is increased if the act is committed by more than one person together.

Video surveillance

“The Government’s intention is to include in the next budget law a rule which will obviously have adequate financial coverage for the installation of video surveillance systems in the parts of the health facilities most affected by the attacks. It was not included in this law decree because a discussion is necessary with the Regions that have responsibility for healthcare and with the Privacy Guarantor, as these are structures which require caution in their use also by the police forces. From January 1st the conditions will certainly be available to extend the video surveillance where necessary”, announced the undersecretary to the Prime Minister Alfredo Mantovano.