In the case of persons already convicted of non-guilty offenses, and habitually committed for their conduct to the commission of offenses, the public security authority cannot independently order the preventive measure consisting in the prohibition of owning or using mobile phones. Since this is a measure that affects the freedom of communication, the public security authority can make a proposal, but the decision is up to the judicial authority, as provided for in Article 15 of the Constitution. It is therefore constitutionally unlawful to provide for the code of anti-mafia laws insofar as, according to the interpretation of the Court of Cassation, it includes mobile phones in the notion of “radio-transmitting communication apparatus” which the public security authority may prohibit – with a “reinforced” oral notice – possession or use. This is what has been established by a judgment of the Constitutional Court in response to the questions of constitutional legitimacy raised by the Court of Cassation and the Court of Sassari.
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