TO In June, the Cabinet approved a new bill incorporating the so-called “Red Code”, the law against violence and stalking dating from 2019. Here are the main innovations
The last victim was Sophia Kastelli, 20, was killed by her ex-boyfriend in Cologno Monzese. In front of her Mariella Marino, 56 years old, was shot dead in Troina, Enna province. The murderer was her husband, who was then arrested by the police. Another femicide occurred in Italy, which has already been condemned five times by the European Court of Human Rights for failing to assess risk and failing to protect women following complaints against abusive partners and ex-partners. The demonstration, for the associations fighting for the protection of women, how the review of the judicial system is necessary to deal with the scourge of gender-based violence.
From the first reconstructions, in fact, it seems that Mariella Marino had it her husband has already been reported, who, thanks to the plea agreement, had been sentenced to eight months in prison with a suspended sentence on the condition that he attend a rehabilitation program. Before Mariella and Sofia, in 2023 another 47 women died in Italy, most of them at the hands of partners or ex-partners, and in many cases their dangerousness had already been reported, if not already punished.
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“We have repeated it many times: suspension of sentence should only be granted after an adequate and up-to-date evaluation of danger. The rehabilitation process in a center for male abusers is no protection for women who report. Mariella Marino had to be protected from those who, on the contrary, decided that the rehabilitation process itself is protective of the victim – said Antonella Veltri, president of DiRe – Male violence against women always occurs with the same methods and is now known that without an accurate risk assessment, women remain at the mercy of abusers from whom they want to distance themselves. When will the serious and timely activation of the recommendations that have been arriving for years both from the anti-violence centers and from the European Court of Human Rights take place?”
The new bill against violence against women
In fact, it looks like some progress is about to be made in this regard. TO June the Council of Ministers, following a proposal from the Minister for the Family, Birth Rate and Equal Opportunities, Eugenia Roccellaby the Minister of the Interior Matteo Piantedosi and the Minister of Justice Carlo Nordio, approved a bill that aims to introduce new provisions to combat violence against women and against domestic violence.
A provision incorporating the so-called “Code red”, the law passed in 2019 which introduced, among other things, the offense of revenge pornography, and which will have to be approved by both houses of Parliament before it can come into force. Minister Roccella said that when drafting the government he was based precisely on the “Red Code”, with the intention, however, to take a further step in the protection of victims of domestic violence and stalking, especially from the point of view of prevention. . But what is it, in specific terms? main news?
Reinforcement of the “warning” by the police commissioner
Cultures
Electronic bracelet and official prosecution: the new measures against violence against women
LARGE'”warning” by the police commissioner is a preventive measure aimed at protecting victims of domestic violence, stalking and other persecutory acts. This tool enables quick and ex ante action to be taken in relation to the definition of criminal cases. Any report received by the police of these behaviors leads to immediate verification and, if confirmed, a warning may be issued. Those who receive the warning must refrain from further acts of violence or harassment and may have legally owned weapons confiscated.
With the new code, the cases in which the warning can be applied are expanded to include so-called “spy crimes” that occur in the context of family and emotional relationships. These include battery, personal injury, sexual violence, private violence, serious threats, stalking and other violations. If the conduct is repeated, the crimes will no longer be subject to complaint by a party but ex officio, making prosecution automatic.
Reinforcement of prevention measures
Preventive measures such as special public safety surveillance and the obligation to remain in the municipality of residence or habitual residence, provided for by the Anti-Mafia Code, may with the new text of the law (which may however be subject to amendments) also to those suspected of crimes related to violence against women and domestic violence. These measures apply regardless of the commission of a previous crime.
Special public safety surveillance can be implemented with electronic monitoring methods such as the use of electronic bracelet, in case of consent of the suspect. In case of refusal of consent, the duration of the measure shall not be less than two years and the subject shall be periodically reported to the public security authorities. There is also an obligation not to go near certain places frequented by victims.
Acceleration of procedures, even in the preventive phase
The text of the law then ensures the speedy testing of violence against women, including specific cases for which treatment is prioritized. In addition, at most 30 days to evaluate the implementation of the measures injunctions and another 30 days for the judge’s decision. Even if the prosecutor does not find the conditions to request injunctive relief, he should continue the preliminary investigation.
Suspension of conditional sentence
The new text also introduces changes to the obligations necessary to access the conditional suspension of the sentence. Convicts should join and pass with favorable result specific recovery pathswith the aim of ensuring greater monitoring and proper implementation of the measures.
The preliminary arrest was postponed
Finally, the so-called “deferred felony arrest“, a tool that makes it possible to make an arrest even in cases where the crime can be proven through visual evidence, such as videos, photographs or other types of documentation, such as conversations or data provided by a GPS system. The text provides that in order to admissible arrest, a time limit of 48 hours must be observed from the commission of the crime to be documented.
In practice, this new legislation will therefore allow the police to intervene immediately, even in the presence of visual or digital evidence, and arrest the suspect responsible for crimes of domestic violence or stalking without waiting for the actual arrest at the scene of the crime. .