Violence against women: new legislation

Electronic bracelet, immediate arrest of the suspect, economic support to victims: these are the main innovations of the new law to combat and prevent violence against women. Perhaps it will reduce the damage. But without a change in civilisation, without an end to male domination, the phenomenon can only be curbed.
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On 3 December, the Council of Ministers gave the green light to the draft law "for preventing and combating violence against women and domestic violence".

We can only welcome this new legislation with interest, albeit with some reservations. possible critical reserve -for example, on the ex officio admissibility it would be worth remembering the important discussion years ago-.

So this step forward in the law is a good one.bitterness in knowing that neither increased penalties nor any other crackdown will solve the problem of violence against women -although perhaps 'damage reduction' could be achieved in this way.

As long as the prostitution will be understood as a necessary evil, or worse a 'job'; as long as there are poor women who make their reproductive capacities available forced by economic inequalities; as long as the women will disappear even from the symbolic and will be prevented from signifying themselves by the name of woman.as imposed by gender identity politics, a new device of patriarchy; until, in short, the perversion of the domination of one sex over the other comes to an end and we are able to build a civilisation with female roots. -In the few surviving matrilineal enclaves, male violence against women does not exist. only a palliative and will hardly dent the global phenomenon of violence.

In any case, these are the main novelties of the dl, illustrated by Elvira Reale.

The text is the result of the work of Ministers Elena Bonetti, Luciana Lamorgese, Marta Cartabia, Mara Carfagna, Mariastella Gelmini, Fabiana Dadone and Erika Stefani.

 The first important thing to note is that in the title of the bill the word gender disappears and only women are mentioned.

In substance: The aim of the bill is to prevent and combat violence against women and it puts in place a series of measures to protect victims.. These range from the extension of cases of ex officio prosecution, i.e. without the need for a complaint, to the immediate apprehension of stalkers and violent offenders in case of imminent danger to the woman, and increased penalties for those who have already been cautioned for domestic violence.

"Violent behaviour may be prosecuted ex officio."explained the Minister of the Interior Luciana Lamorgese. He added that with the new rules there will be "economic support immediately in the investigation phase". "We have extended to this case what is already provided for in the field of extortion: women will be able to have one third of the total compensation. I believe this is a great step forward, it is a great help to women who have been subjected to violence, who often do not report it because they are in a difficult economic situation".

In detail of the 10 proposed articles we have the following main measures :

- Immediate arrest of suspect even outside the cases already provided for (such as flagrante delicto) "detaining a person who is seriously suspected of 'ill-treatment in the family, personal injury and persecution or of a 'crime committed or attempted, committed with threats or violence' (for which the law provides for 'life imprisonment or imprisonment for a maximum of more than three years') if 'there are specific elements to consider the danger serious and imminent', when 'it is not possible, due to the urgency of the situation, to wait for the judge's order'.

- Enhanced use of electronic bracelets - A clampdown on the use of electronic bracelets for those who threaten or abuse is introduced as a tool to protect women. Article 3 of the text in particular, provides for the application of the precautionary measure in prison 'in the event of tampering with the electronic means and technical instruments of control ordered with the measure of house arrest or with the measures referred to in Article 282-bis (obligation to move away from the family home) or 282-ter (prohibition of approaching places frequented by the offended person)'.

- Possible 'dynamic surveillance' of the victim - Another novelty provided by the text is the hypothesis of a dynamic supervision of the victim. The police body that proceeds following a complaint or a lawsuit in the field of domestic violence, 'if the first investigations reveal concrete and relevant elements of danger of repetition of the conduct', communicates it to the competent prefect who can adopt 'measures of dynamic vigilance, to be subjected to quarterly review, to protect the injured person'.

- Can be prosecuted ex officio and penalties increased if 'already warned'. - In the case of violent behaviour, it will be possible to take legal action. There is also an increase in penalties for the crimes of assault, injury, threats, trespassing and damage. These are increased 'if the act is committed in the context of domestic violence by a person who has already been warned'.

- Offended person will be informed on release - When the convicted person or suspect leaves prison, the Questore and Prefect will also be notified, in order to assess possible prevention and/or protection measures for the victim.

- Immediate economic aid for women and orphans - The provisional award will come at the investigation stage, without having to wait for the outcome of the trial. It may amount to one third of the total compensation. 

HERE THE FULL DL

Provisions for the prevention and combating of violence against women and domestic violence

Article 1

(Provisions on preventing and combating domestic violence)

  1. Article 3 of Decree-Law No 93 of 14 August 2013, converted, with amendments, by Law No 119 of 15 October 2013, shall be amended as follows:
  2. in paragraph 1, first sentence, the words from "581" to "committed or attempted" shall be replaced by the following "581, 582, 610, 612, second paragraph, 614 and 635, committed or attempted", and, in the second sentence, after the words "non-episodic", the following shall be inserted: "or committed in the presence of minors";
  3. in paragraph 5, the words "581 and 582 of the Penal Code" are replaced by the following: "581, 582, 583-quinquies, 610, 612, second paragraph, 614 and 635, as well as the offence referred to in Articles 56 and 575 of the Penal Code, committed";
  4. after subparagraph 5-encoreThe following shall be inserted:

"5-ter. The penalties for the offences referred to in Articles 581, 582, 610, 612, second paragraph, 614 and 635 of the Criminal Code shall be increased if the act is committed, in the context of domestic violence, by a person who has already been warned under this Article.

 5-quater. Proceedings are ex officio for the offences provided for in Articles 581, 582, second paragraph, 612, second paragraph, first hypothesis, 614, first and second paragraphs, of the Criminal Code when the act is committed, in the context of domestic violence, by a person who has already been admonished under this Article."

Article 2

(Amendments to Article 8 of Decree-Law No 11 of 23 February 2009, converted, with amendments, by Law No 38 of 23 April 2009)

1. Article 8 of decree-law n. 11 of 23 February 2009, converted, with amendments, by law n. 38 of 23 April 2009, shall be amended as follows:

a) in paragraph 1, the words "the offence referred to in Article 612-bis of the Penal Code, introduced by Article 7" are replaced by the following "the offences referred to in Articles 609-bis, other than the cases provided for in Article 609-septies, fourth paragraph, and 612-bis of the Penal Code";

b) in paragraph 3, the words "The penalty for the offence referred to in Article 612-bis of the Penal Code shall be increased" shall be replaced by the following "The penalties for the offences referred to in Articles 609-bis and 612-bis of the Penal Code shall be increased";

c) in paragraph 4, the words "for the offence provided for in Article" shall be replaced by the following "for the offences provided for in Articles 609-bis and".

Article 3

(Amendments to Articles 282-bis and 282-ter of the Code of Criminal Procedure)

1. The Code of Criminal Procedure shall be amended as follows:

(a) in Article 276, paragraph 1-terAfter the words: "private dwelling", the following shall be inserted: "and, in any case, in the event of tampering with the electronic means and other technical instruments of control referred to in Article 275-bis, also when applied pursuant to Articles 282-bis and 282-ter";

(b) in Article 282-bisIn paragraph 6, after the words "572," the following words shall be inserted: "56 and 575," and the following sentence shall be added at the end: "In the same measure ordering the expulsion, the judge shall provide for the application, even jointly, of a more serious measure in the event that the defendant refuses to consent to the adoption of the aforementioned means of control";

(c) in Article 282-terIn the cases referred to in Article 282(1), the following sentence shall be added at the end: 'In the cases referred to in Article 282(1), the following sentence shall be added at the end of the paragraphencoreWith the same measure ordering the prohibition to approach the victim, the judge shall provide for the application, also jointly, of a more serious measure in the event that the defendant refuses to consent to the adoption of the control measures provided for in Article 275-(6). In the same measure providing for the prohibition to approach, the judge shall provide for the application, even jointly, of a more serious measure if the defendant refuses to consent to the adoption of the control modalities provided for in Article 275.encore.".

Article 4

(Amendments to Article 391 of the Code of Criminal Procedure)

1. In Article 391, paragraph 5, second sentence, of the Code of Criminal Procedure, after the words: "for one of the crimes indicated", the following words are inserted: "in Article 380, paragraph 2, or" and, after the words: "also outside the cases of flagrante delicto," the following words are inserted: "or when the arrest has been carried out in the cases provided for by Article 384, paragraph 1-bis,".

Article 5

(Amendments to Legislative Decree no. 159 of 6 September 2011 for the prevention of crimes committed in the context of domestic violence)

  1. Legislative Decree No 159 of 6 September 2011 shall be amended as follows:
  2. Article 4, paragraph 1, point i-ter)after the words '612-encore of the Criminal Code' shall be added: 'or of crimes, whether committed or attempted, referred to in Articles 609-bis, 575, 583-quinquies of the Penal Code, as well as to persons who, already admonished under Article 3 of Decree-Law No. 93 of 14 August 2013, converted, with amendments by Law No. 119 of 15 October 2013, are suspected of the crimes referred to in Articles 581, 582, 610, 612, second paragraph, 614 and 635 of the Criminal Code, committed in the context of domestic violence, as defined by Article 3, paragraph 1, second sentence, of Decree-Law No. 93 of 14 August 2013, converted, with amendments by Law No. 119 of 15 October 2013";
  3. in Article 6, paragraph 3-encorethe following sentence shall be added: 'When special surveillance is applied to persons referred to in Article 4(1)(i-ter), if the data subject refuses to consent to the adoption of the abovementioned control methods, the requirements set out in the following shall be added to the measure in Article 8(5).".

Article 6

 (Amendments concerning information to the offended person)

1. The Code of Criminal Procedure shall be amended as follows:

(a) in Article 90-ter, paragraph 1, after the words: "the orders for release from custody and termination of the detention security measure", the following is added: "issued against the defendant in pre-trial detention or the convicted or interned person,";

(b) In Article 659, paragraph 1a is deleted.

Article 7

(Measures on the arrest of suspected criminals)

1. Article 384 of the Code of Criminal Procedure shall be amended as follows:

(a) the following paragraph shall be inserted after paragraph 1:

"1-bis. Also outside the cases provided for in paragraph 1 and those of flagrante delicto, the Public Prosecutor orders, by motivated decree, the arrest of the person seriously suspected of one of the crimes provided for in Articles 572, 582, 612-encore of the Criminal Code or of an offence, committed or attempted, committed with threats or violence against the person for which the law provides for life imprisonment or imprisonment for a maximum of more than three years, when there are specific elements to consider that there is a serious and imminent danger that the suspect will commit serious offences with the use of weapons or other means of personal violence, when it is not possible, due to the urgency of the situation, to wait for the judge's order;

(b) in paragraph 2, the words: "by paragraph 1" are replaced by the words: "by paragraphs 1 and 1a"; 

Article 8

(Amendments concerning suspended sentences)

1. At the end of Article 165(5) of the Penal Code, the following sentence is added: "In order to identify the bodies or associations and the specific recovery paths referred to in the previous sentence, the judge shall make use of the external criminal enforcement offices."

2. In Article 18-bis of Royal Decree 601 of 28 May 1931, laying down coordinating and transitional provisions for the Criminal Code, the following paragraph shall be added after the first paragraph: "In the cases referred to in Article 165(5) of the Criminal Code, the registry of the judge who issued the sentence shall forward it, once it has become final, to the external criminal enforcement office, which shall ascertain whether the offender has actually participated in the rehabilitation process and notify the outcome to the public prosecutor's office of the judge who issued the sentence. The public prosecutor's office shall immediately notify the public prosecutor if the offender fails to comply with any of the obligations imposed on him.

Article 9

(Amendments concerning violations of orders to stay away from the family home and prohibition on approaching places frequented by the offender)

1. The Criminal Code shall be amended as follows:

  1. Article 387-bis, after the first paragraph, the following shall be added: "The same penalty shall apply to any person who evades the protection order provided for in Article 342-terfirst paragraph of the Civil Code, or a measure having the same content taken in proceedings for the legal separation of the spouses or in proceedings for the dissolution or cessation of the civil effects of marriage".
  • In Article 388, second paragraph, the words from "the protection order" to "again" shall be deleted.

Article 10

(Urgent provisions on the communication of the measures of

termination, revocation or replacement of coercive measures)

1. In proceedings for the offences referred to in Article 4, point i-terof Legislative Decree no. 159 of 6 September 2011, the extinction or revocation of the coercive measures provided for in Articles 282-bis, 282-ter, 283, 284, 285 and 286 of the Code of Criminal Procedure or their replacement by another less serious measure are communicated to the Questore, for the evaluations of competence in the field of prevention measures,

2. In the proceedings for crimes referred to in Art. 362, para 1-ter, of the Code of Criminal Procedure, the extinction or revocation of the coercive measures referred to in para 1, or their substitution with other less serious measures, are communicated to the Prefect who, on the basis of the evaluations expressed within the coordination meetings referred to in Art. 5, para 2, of the Decree-Law No. 83 of 6 May 2002, converted, with modifications, by the Law No. 133 of 2 July 2002, can adopt dynamic vigilance measures, to be subjected to quarterly review, for the protection of the injured party". 83 of 6 May 2002, converted, with modifications, by the Law No. 133 of 2 July 2002, can adopt measures of dynamic vigilance, to be subjected to quarterly review, for the protection of the injured party".


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