Roma, 10 dicembre 2020 – Con la circolare del 7 dicembre 2020 il Ministero dell’Interno ha fornito indicazioni operative sulle sanzioni da applicare in caso di violazione delle disposizioni emergenziali del D.P.C.M. del 3 dicembre 2020, recanti misure urgenti per fronteggiare la Pandemia da Covid-19.
Precisamente, la circolare in commento è stata diramata al fine di fornire chiarimenti sulla mancanza, nel D.P.C.M. del 3 dicembre 2020, di disposizioni che prevedano l’irrogazione di sanzioni amministrative pecuniarie per i casi di inosservanza dei divieti di spostamento sull’intero territorio nazionale (introdotti con l’art. 1, co. 4 che replica testualmente le previsioni del D.L. n. 158/2020) con riguardo sia al periodo dal 21 dicembre 2020 al 6 gennaio 2021, sia alle giornate del 25 e 26 dicembre 2020 e del 1° gennaio 2021.
A tal riguardo nella circolare del 7 dicembre è stato ribadito che la norma cardine del sistema regolatorio delle misure di contenimento della diffusione del virus continua ad essere l’art. 1 del D.L. n. 19/2020 (convertito, con modificazioni, dalla legge n. 35/2020 e modificato a seguito della proroga dello stato di emergenza). Norma che infatti è stata richiamata nel D.L. n. 158/2020, ai sensi del quale il D.P.C.M. 3 dicembre 2020 ha contemplato una serie di misure di contenimento della pandemia. La circolare in commento ha ricordato altresì che in violazione di quest’ultime misure, trovano applicazione le sanzioni previste dall’art. 4 dello stesso D.L. n. 19/2020. Pertanto, secondo il Ministero dell’Interno, non può esservi alcun dubbio che tra tali misure, a cui si correla il quadro sanzionatorio, debba essere ricompresa anche quella che limita gli spostamenti sull’intero territorio nazionale per il periodo natalizio.
Per approfondire circolare_7_dicembre_2020_sanzioni_DPCM_3_dicembre_2020
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