Shield of the Security Decree, Bologna is not the first case: the debut of the 45-bis model already in Teramo

The application of the new "shield" provision under Italy’s Security Decree in the case of Bologna, related to the death of Abderrahim Fakir, is not the first instance of this legal mechanism being tested. The procedure, introduced by the Security Decree through Article 12, marks one of the earliest practical implementations of the revised Model 45-bis, which allows prosecutors to record individuals suspected of committing a crime in circumstances that appear to meet a justification, such as legitimate defense or the performance of official duties. This approach was already put into practice earlier this year in Teramo, where a man died during a pursuit involving carabinieri, leading to the use of the new system. Under the updated rules, the Model 45-bis requires prosecutors to note the name of a person involved in a situation where a criminal act appears justified from the outset. Unlike previous procedures, the individual is not automatically listed in the registry of suspects but instead receives a preliminary annotation. If further investigation does not reveal additional elements, the prosecutor must request closure of the case within thirty days. This change aims to prevent premature inclusion in suspect registries while allowing for necessary investigative steps. In Bologna, the Public Prosecutor's Office applied this framework by including four ambulance personnel and two police officers who were present during the incident that led to Fakir’s death. These individuals were recorded in the Model 45-bis, ensuring they remain subjects of ongoing investigations without being formally designated as suspects. The decision reflects a balance between safeguarding procedural integrity and avoiding unnecessary legal exposure for those whose actions may fall under recognized justifications. This is not the first time the Model 45-bis has been used. In Teramo, the substitute prosecutor, Elisabetta Labanti, handled the case of Massimo Ciarelli, a 43-year-old who died after his scooter collided with a jeep driven by carabinieri during a chase between Montesilvano and Silvi. At the time of the autopsy, the carabinieri officer was not added to the list of suspects but instead received a preliminary entry in the new registry. Prosecutors believed the circumstances could support a justification based on the officer’s duty and service-related responsibilities. The Model 45-bis, approved by Justice Minister Carlo Nordio following the enactment of the Security Decree, applies broadly to all citizens, not just law enforcement. It is intended to prevent automatic registration in suspect databases when the legality of conduct seems evident from the start, while still enabling thorough investigations and participation in technical assessments. The cases in Teramo and Bologna represent early applications of this new tool, signaling a shift in how Italian prosecutors handle cases potentially involving justified acts. With these examples, the Model 45-bis begins to take shape within the Italian judicial system, offering a more nuanced approach to handling situations where criminal behavior might be legally justified. As more cases follow, the impact of this reform on investigative practices will become clearer. For now, the focus remains on applying the new rules consistently and fairly, ensuring both accountability and protection for those whose actions may qualify under the law.