The government's amendment to the rave decree arrives, which rewrites the text and also changes the number of the article, no longer 434 bis, but 633 bis.
The amendment limits the offense to "anyone who organizes and promotes the arbitrary invasion of other people's land or buildings, public or private, in order to organize a musical gathering or gathering for other entertainment purposes" when "the invasion results in a concrete danger" to public health or safety due to failure to comply with drug, safety and hygiene regulations.
This specifies the type of occupation, excluding those of students or other public events.
In this way the new crime 633 bis refers to precise situations, it is connected to the violation of the rules on safety and hygiene in events and those on narcotic substances.
The most rigorous hypothesis is limited to the organizers and promoters of rave parties;
participants will, on the other hand, always be punishable but only on the basis of article 633 of the penal code, which regards the invasion of land or buildings.
The new text also reformulates the rule that already provided for compulsory confiscation, extending the provision also to the profits of rave parties, to act as a further deterrent.
However, the sentence does not change, which remains from 3 to 6 years, thus allowing interceptions, limited to any investigations into the organization of the event.
The maximum sentence of 6 years remains for those who organize or promote the occupation of land or buildings for the performance of raves, the government amendment provides.
It therefore remains possible to activate telephone interceptions in investigations into the alleged organizers and promoters of the event.
In addition to imprisonment from 3 to 6 years, a fine ranging from one thousand to 10 thousand euros is envisaged and "the confiscation of things that served or were intended to commit the crime, as well as of things that are the product or profit, is always ordered".
"With this amendment to the anti-rave decree-law, the Government perfects the law, making it more effective to combat the unlawful conduct it intends to prosecute": thus the Minister of Justice, Carlo Nordio, after filing an amendment by the Government to the conversion law of 31 October 2022.