Gli operatori della Polizia di Stato, durante la loro attività al servizio della collettività, possono essere esposti a rischi per i quali debbono assumersi specifiche responsabilità.
Incontrastato l’assunto costituzionale che vede l’uguaglianza di tutti di fronte alla legge, non può sottacersi la necessità di maggiori tutele per le forze di polizia che, conseguentemente alla professione svolta, si trovano esposte al rischio di incorrere in contenziosi legali ben maggiori – e, dunque, differenziato – rispetto ai normali cittadini.
L’iscrizione dell’operatore di polizia nel registro degli indagati, difatti – a differenza di ciò che avviene nel pubblico impiego – porta con sé una serie di conseguenze dannose e pregiudizievoli collegate alla qualità rivestita, che vanno dal blocco automatico della progressione di carriera nelle more del giudizio, con conseguenti ripercussioni economiche, all’avvio de plano del procedimento disciplinare da parte del’Amministrazione di appartenenza.
Per tali motivi, la Confederazione Sindacale Autonoma di Polizia (CONSAP) chiede migliori tutele per la Polizia per una maggiore sicurezza per i cittadini. Gli operatori di polizia debbono essere messi nelle condizioni di lavorare al meglio, nel rispetto delle leggi e dei diritti.
In particolare, si chiede la previsione di un nuovo procedimento giurisdizionale per i fatti compiuti nell’adempimento del proprio dovere o relativi all’suo delle armi attraverso una modifica al codice di procedura penale che attribuisca al Procuratore Generale della Repubblica, nel distretto della Corte d’Appello, la competenza a svolgere una previa valutazione di garanzia dei fatti aventi origine e causa nel servizio di polizia, con l’introduzione di una particolare forma di archiviazione, qualora le condotte degli operatori di polizia possano attagliarsi a una qualunque causa di giustificazione (legittima difesa, uso legittimo delle armi, adempimento di un dovere ecc. ecc.).
Inoltre si chiede al Dipartimento della Pubblica Sicurezza di migliorare tutte quelle procedure, previste da disposizioni di legge (art. 32 Lg. 152/75, art. 18 D.L. 67/1997, art. 37 DPR 254/1999, art. 3 Legge 89/2005) , che consentono ai dipendenti, in forza del vincolo che li lega all’Amministrazione d’appartenenza, di esercitare il diritto alla difesa sollevandoli dall’onere economico dove, purtroppo, si registrano colpevoli ritardi nella definizione delle pratiche.
Il Dipartimento della Pubblica Sicurezza, inoltre, non è stato capace di stipulare una polizza assicurativa per la copertura dei rischi e tutela legale inerenti alle responsabilità connesse allo svolgimento delle attività istituzionali del personale della Polizia di Stato ai sensi della legge 448/2001.
Le risorse stanziate a partire dal contratto di lavoro del 2002, ammontanti ad oltre 5.498.607,26 euro risultano incamerate dal Fondo Assistenza della Polizia di Stato in quanto tutte le gare sinora indette per l’aggiudicazione sono andate deserte.
Per tali motivi la Consap ha sottoscritto una polizza che garantisce gratuitamente i propri iscritti (fino ad 8.000 euro) per danni arrecati ai mezzi di servizio dovuti a responsabilità del conducente (la polizza assicura la “responsabilità civile del personale di pubblica sicurezza per la rivalsa della Corte dei Conti).
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