Violence against women: here are the legislative changes
Electronic bracelet, immediate arrest of the suspect, economic support for victims: here are the main innovations of the new law to combat and prevent violence against women. Which maybe can reduce the damage. But without a change in civilization, without the end of male domination, the phenomenon can only be stemmed

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On 3 December the Council of Ministers gave the green light to the bill "for the prevention and fight against the phenomenon of violence against women and domestic violence”.

We can only welcome this legislative innovation with interest, albeit with some possible critical reserve -for example, on official prosecution it would be worth remembering the important discussion of years ago.

So this step forward in the law is good, with thebitterness at knowing that neither the tightening of penalties nor another crackdown will solve the problem of violence against women -although perhaps a "harm reduction" could be achieved along this path.

As long as the prostitution it will be understood as a necessary evil, or worse, a "job"; as long as they are there poor women who make their reproductive abilities available forced by economic inequalities; until women will even disappear from the symbolic and they will be prevented from meaning themselves with 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 know how to build a civilization with female roots - significantly in the few surviving matrilineal enclaves male violence against women does not exist - any legislative innovation will be just a palliative and it will hardly make a dent in the global phenomenon of violence.

In any case, these are the main innovations of the bill, illustrated by Elvira Reale.

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

 The first important thing to point out is that in the title of the bill the word gender disappears and we only talk about women.

On the merits: The objective of the bill is to prevent and combat violence against women and implements a series of measures to protect victims. They range from the extension of cases of ex officio prosecution, i.e. without the need for a report, to the immediate arrest of stalkers and violent men in the event of imminent danger for the woman and to the increase in penalties for those who have already been warned for domestic violence.

In case of violent behavior, official action may be taken” explained the Minister of the Interior Luciana Lamorgese. He added that with the new rules there will be “financial help immediately during the investigation phase“. “We have extended the provisions already provided for extortion to this case: women will be able to receive a third of the total compensation. I think it's a great step forward, it's a great help to women who have been subjected to violence, who often don't report it because they find themselves in a difficult economic situation."

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

– The suspect was arrested immediately even outside of the cases already foreseen (such as flagrant crime) "the arrest of a person seriously suspected" of family mistreatment, personal injury and persecutory acts or of a "consumed or attempted crime, committed with threat or violence" (for which the law provides for "life imprisonment or imprisonment for a maximum of three years" ) if "there are specific elements to consider the danger serious and imminent", when "it is not possible, due to the emergency situation, to wait for the judge's order"

– Reinforced use of the electronic bracelet – A restriction is introduced on the use of the electronic bracelet for those who threaten or mistreat, as a tool for the protection of women. Article 3 of the text in particular, provides for the application of the precautionary measure in prison "in the case of tampering with the electronic means and technical control instruments arranged with the measure of house arrest or with the measures referred to in the articles. 282-bis (obligation to leave the family home) or 282-ter (prohibition of approaching places frequented by the offended person)"

– Possible “dynamic surveillance” of the victim – Another of the innovations envisaged by the text is the hypothesis of dynamic surveillance of the victim. The police body that proceeds following a complaint or complaint in the field of domestic violence, "if from the first investigations concrete and relevant elements of danger of recurrence of the conduct emerge", communicates it to the competent prefect who can adopt "supervision measures dynamic, to be subjected to quarterly review, to protect the injured party".

– It will be possible to proceed ex officio and increase penalties if "subject has already been warned" – “in case of violent behaviour, official action may be taken”. Furthermore, penalties for the crimes of beatings, injuries, threats, housebreaking and damage are expected to be increased. These are increased "if the act is committed in the context of domestic violence by an individual who has already been warned".

– The offended person will be informed about release from prison – The Police Commissioner and the Prefect will also be notified of the release of the convicted person or suspect from prison, to evaluate any prevention and/or protection measures for the victim.

– Immediate financial aid for women and orphans – The provisional provision will arrive at the investigation stage, without having to wait for the outcome of the trial. And it may be equal to a third of the total compensation. 

HERE IS THE FULL BILL

Provisions for the prevention and fight against the phenomenon of violence against women and domestic violence

Article 1

(Provisions regarding the prevention and combating of domestic violence)

  1. In article 3 of the legislative decree of 14 August 2013, n. 93, converted, with amendments, by law 15 October 2013, n. 119, the following changes are made:
  2. in paragraph 1, first sentence, the words from "581" to "consumed or attempted" are replaced by the following "581, 582, 610, 612, second paragraph, 614 and 635, consummated or attempted", and, in the second sentence, after the words "non-episodic", the following are 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 crime referred to in articles 56 and 575 of the penal code, clerks”;
  4. after paragraph 5-BIS, the following are inserted:

“5-ter. The penalties for the crimes referred to in articles 581, 582, 610, 612, second paragraph, 614 and 635 of the penal code are increased if the act is committed, in the context of domestic violence, by a person already warned pursuant to this article .

 5-quater. Proceeds are taken automatically for the crimes provided for by articles 581, 582, second paragraph, 612, second paragraph, first hypothesis, 614, first and second paragraph, of the penal code when the act is committed, in the context of domestic violence, by person already warned pursuant to this article."

Article 2

(Changes to article 8 of the legislative decree of 23 February 2009, n. 11, converted, with amendments, by law 23 April 2009, n. 38)

1. To the article 8 of the legislative decree of 23 February 2009, n. 11, converted, with amendments, by law 23 April 2009, n. 38, the following changes are made:

a) in paragraph 1 the words "the crime referred to in article 612-bis of the penal code, introduced by article 7" are replaced by the following "the crimes referred to in articles 609-bis, outside the cases provided for by article 609-septies, fourth paragraph, and 612-bis of the penal code”;

b) in paragraph 3, the words “The penalty for the crime referred to in article 612-bis of the penal code is increased” are replaced by the following “The penalties for the crimes referred to in articles 609-bis and 612-bis of the penal code are increased”;

c) in paragraph 4, the words “for the crime envisaged by the article” are replaced by the following “for the crimes envisaged by articles 609-bis and”.

Article 3

(Amendments to articles 282-bis and 282-ter of the criminal procedure code)

1. The following amendments are made to the criminal procedure code:

a) article 276, paragraph 1-ter, after the words: "private residence" the following are inserted: "and, in any case, in the event of tampering with the electronic means and other technical control tools referred to in article 275-bis, even when applied pursuant to articles 282 -bis and 282-ter";

b) Article 282-BIS, paragraph 6, after the words "572," the following are inserted: "56 and 575," and the following period is added at the end: "With the same provision that orders the removal, the judge provides for the application, even jointly, of a more serious measure if the accused refuses to consent to the adoption of the aforementioned control methods.";

c) article 282-ter, paragraph 1, the following periods are added at the end: «In the cases referred to in article 282-BIS, paragraph 6, the measure can also be ordered outside the penalty limits provided for by article 280. With the same provision that establishes the prohibition on approach, the judge provides for the application, even jointly, of a more serious measure if the the accused denies consent to the adoption of the control methods provided for by article 275-BIS.».

Article 4

(Amendments to article 391 of the criminal procedure code)

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 are inserted: "in article 380, paragraph 2, or" and, after the words : «even outside of cases of flagrant act», the following 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 the legislative decree of 6 September 2011, n. 159 for the prevention of crimes committed in the field of domestic violence)

  1. To the legislative decree of 6 September 2011, n. 159, the following changes are made:
  2. in article 4, paragraph 1, letter i-ter), after the words «612-BIS of the penal code" the following are added: "or crimes, committed or attempted, referred to in articles 609-bis, 575, 583-quinquies of the penal code, as well as to subjects who, already warned pursuant to article 3 of the legislative decree of 14 August 2013, n. 93, converted, with amendments by law 15 October 2013, n. 119, are suspected of the crimes referred to in articles 581, 582, 610, 612, second paragraph, 614 and 635 of the penal code, committed in the context of domestic violence, as defined by article 3, paragraph 1, second sentence, of the law decree 14 August 2013, n. 93, converted, with amendments by law 15 October 2013, n. 119”;
  3. to article 6, paragraph 3-BIS, finally, the following sentence is added: “When special surveillance is applied to subjects referred to in article 4, paragraph 1, letter i-ter), if the interested party denies consent to the adoption of the aforementioned control methods, the provisions referred to are added to the measure in article 8, paragraph 5.”.

Article 6

 (Changes regarding information to the person offended by the crime)

1. The following amendments are made to the criminal procedure code:

a) in article 90-ter, paragraph 1, after the words: «the measures for release and termination of the detention security measure» the following are added: «issued against the accused in precautionary custody or the convicted or interned,";

b) in article 659, paragraph 1-bis is repealed.

Article 7

(Measures regarding the arrest of a crime suspect)

1. The following amendments are made to article 384 of the criminal procedure code:

a) after paragraph 1 the following is inserted:

«1-bis. Even outside of the cases referred to in paragraph 1 and those of flagrante delicto, the public prosecutor orders, with a reasoned decree, the arrest of the person seriously suspected of one of the crimes provided for by articles 572, 582, 612-BIS of the penal code or of a crime, committed or attempted, committed with threat or violence to the person for which the law provides for the punishment of life imprisonment or imprisonment exceeding a maximum of three years, when there are specific elements to consider the danger serious and imminent that the suspected person commits serious crimes with the use of weapons or other means of personal violence, when it is not possible, due to the emergency situation, to wait for the judge's decision;

b) in paragraph 2, the words: «from paragraph 1» are replaced by the following: «from paragraphs 1 and 1-bis»; 

Article 8

(Amendments regarding conditional suspension of sentences)

1. At the end of article 165, fifth paragraph, 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 period, the judge uses of external criminal enforcement offices.";

2. Article 18-bis of the Royal Decree of 28 May 1931, n. 601, containing coordination and transitional provisions for the penal code, the following is added after the first paragraph: «In the cases referred to in article 165, fifth paragraph, of the penal code, the clerk's office of the judge who issued the sentence transmits it , upon becoming final, to the external criminal enforcement office, which ascertains the effective participation of the convicted person in the recovery process and communicates the outcome to the public prosecutor at the judge who issued the sentence. The external criminal enforcement office immediately informs the public prosecutor of the convicted person's failure to comply with any of the obligations imposed

Article 9

(Changes regarding violations of the measures to remove oneself from the family home and the ban on approaching places frequented by the offended person)

1. The following amendments are made to the penal code:

  1. to article 387-BIS, after the first paragraph, the following is added: «The same penalty applies to those who evade the protection order provided for by article 342-ter, first paragraph, of the civil code, or a provision of equal content taken in the proceedings for the personal separation of spouses or in the proceedings for the dissolution or termination of the civil effects of the marriage".
  • in article 388, second paragraph, the words from "the protection order" to "again" are deleted.

Article 10

(Urgent provisions regarding the communication of the provisions of

extinction, revocation or replacement of coercive measures)

1. In proceedings for the crimes referred to in article 4, letter i-ter, of the legislative decree 6 September 2011, n. 159, the extinction or revocation of the coercive measures provided for by articles 282-bis, 282-ter, 283, 284, 285 and 286 of the criminal procedure code or their replacement with another less serious measure are communicated to the police commissioner, for assessments of competence regarding prevention measures,

2. In proceedings for the crimes referred to in article 362, paragraph 1-ter, of the code of criminal procedure, the extinction or revocation of the coercive measures referred to in paragraph 1 or their replacement with another less serious measure are communicated to the prefect who, on the basis of the assessments expressed during the coordination meetings referred to in article 5, paragraph 2, of the legislative decree of 6 May 2002, n. 83, converted, with amendments, by law 2 July 2002, n. 133, may adopt dynamic supervisory measures, to be subject to quarterly review, to protect the injured party.".


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