how does the Italian repentant system work, which Eric Dupond-Moretti wants to draw inspiration from?

The Minister of Justice wants the creation of a national prosecutor specializing in organized crime, as well as the establishment of a new repentant status. In Italy, this has existed since the 1990s.

The government will create a national prosecutor’s office dedicated to the fight against organized crime, announced the Minister of Justice Eric Dupond-Moretti, Sunday April 28, in The Sunday Tribune. The Minister of Justice also wants to allow drug traffickers “repented” to benefit from reduced sentences and a change of identity thanks to the creation of a “true status of the repentant”, inspired by the model in force in Italy to fight against the mafia. In France, “Legislation in this area already exists but it is far too restrictive and therefore not very effective”estimated Eric Dupond-Moretti.

Reduction of sentence

In Italy, it has been more than 40 years since the pentito, the Italian repentant, is recognized by the law. Originally intended for terrorists from the “years of lead”, the status was applied specifically to mafiosi from the 1990s. Since then, cases of mafiosi who break both omerta, silence, and links with their clans, have multiplied in the country.

According to Italian law, if the convicted or incarcerated criminal, whether he is an accomplice or perpetrator of crimes, is ready to collaborate, the status of “collaborator of justice” can be granted to him. That is to say, in exchange for information delivered within six months and which proves to be reliable, new, complete and decisive for investigations or trials, the pentiti may benefit from a reduction in his sentence. He must still serve at least a quarter of his sentence. He can also be placed under the protection of the Italian State.

Protection for six years

This is a guaranteed new life for the former mafioso: new identity, new home, and help with reintegration thanks to a sort of allowance. This is the framework that was designed as a reward by the famous anti-mafia judge Giovanni Falcone, to encourage mafia leaders to speak out and denounce. On average, in Italy, collaborators of justice are protected by this program for around six years.

Today around a thousand repentants are taken care of by the Italian authorities and with them, some 5,000 members of their families. Most of these repentants come from the Camorra, the Neapolitan mafia. Their testimonies made it possible to dismantle networks: the Sicilian Tommaso Buscetta, a traitor in the eyes of the Cosa Nostra (whose story inspired the film The traitor by Marco Bellocchio, in 2019), was for example decisive for hundreds of arrests and the Palermo maxi-trial in the 1980s. And it is obviously never too late to repent: a month ago, Francesco Schiavone, a famous Neapolitan godfather sentenced to life (who inspired the series Gomorrah), has just agreed to collaborate with the justice system after 26 years in prison.

This system is effective, therefore, but also criticized by families of mafia victims, shocked to know the murderers were free and under the protection of the Italian state for years.