CAT/OP/PER/1/Add.1 therefore indicate the reason why it was not possible to apply an alternative measure and the duration of the deprivation of liberty must be as short as possible 77 (emphasis added). 98. In effect, the duration of the socio-educational internment measure will be determined taking account of the following: 98.1 From one to a maximum of six years in the following cases: (i) Acts that are classified as intentional offences and punishable under the Criminal Code or under special laws, by a prison sentence of not less than six years, provided that the life or physical or psychological integrity of the person was deliberately endangered; (ii) When the adolescent offender has repeatedly and without reason failed to comply with socio-educational measures other than that of internment; and/or (iii) When the adolescent offender has repeatedly committed other criminal offences within a period not exceeding two years, for wh ich the penalty is increased to six years’ deprivation of liberty under the Criminal Code or under special laws. 98.2 Not less than 4 years and not more than six years, when the adolescent is between 16 or 17 years of age and in the case of the offences 78 referred to above, as well as when the adolescent is a member of a criminal organization, acts on its behalf or is linked to it. 98.3 Not less than three years and not more than five years, in the case of the offences referred to above and when the adolescent is aged 14 or 15 years. 98.4 Between six and eight years (adolescents of 14 or 15 years of age) and between eight and ten years (adolescents of 16 or 17 years of age) in the case of contract killing or rape of a minor followed by death or serious injury, as well as terrorist offences. 98.5 Not less than one year and not more than four years for adolescents between 14 and 17 years of age, in the case of offences other than those indicated in footnote 9. 79 __________________ 77 78 79 16/27 Article 6 of Legislative Decree No. 1348. Ibid., article 163.2. “[…] offences 1. Parricide 2. Qualified homicide 3. Homicide qualified by the status of the victim 4. Femicide 5. Serious injury (second and third paragraph) 6. Serious injury when the victim is a minor, elderly or disabled 7. Serious injury as a result of violence against women and their family environment 8. Instigation of or participation in pernicious gang violence 9. Abduction 10. Trafficking in persons 11. Aggravated forms of trafficking in persons; 12. Rape 13. Rape of a person who is unconscious or unable to resist 14. Rape of a person incapable of resistance 15. Rape of a minor 16. Aggravated robbery 17. Extortion 18. Promotion or encouragement of illicit trafficking in drugs and related offences 19. Illicit trafficking in precursor chemicals and controlled substances 20. Marketing and cultivation of poppy and marijuana and its compulsive planting 21. Aggravated forms of trafficking in drugs […].” Ibid., article 163. V.17-05867

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