Green light from the Council of Ministers to the bill against violence against women: more severe penalties for repeat offenders and shorter deadlines for judges
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Strengthening of precautionary measures, and therefore warning, electronic bracelet applied as a rule, obligation to respect the minimum approach distance of 500 meters from the victim and extension of the types of crime for which precautionary measures can be applied, including also revenge porn and face scarring with acid.
These are just some of the measures contained in the bill against violence against women approved by the Council of Ministers which among the objectives also has that of speeding up the times for the application of precautionary measures, with more stringent deadlines for prosecutors and judges, and to give priority to the treatment of cases concerning gender-based and domestic violence and to make prosecutors specialized by always trying to assign files concerning violence against women to them.
The letter
Italy is a Republic stained by femicides: everyone does their part
Elisa Ercoli*
The bill, made up of 15 articles, aims above all at prevention to prevent so-called “spy crimes” from degenerating into more serious facts. There is therefore talk of an official warning, of a yellow card for the violent man, as defined by the Minister for the Family, Eugenia Roccella. The tightening mainly concerns those who have already been the recipient of the warning and fall back into the same conduct, the so-called repeat offenders. Article 1 of the bill provides for a “strengthening of measures in terms of warning and information to victims”.
Murder of Giulia, the investigators: a “manic” order in the Senago house, no trace visible to the naked eye
In particular the penalties for the crimes of battery, personal injury, private violence, serious threats, stalking, revenge porn, trespassing and damage they are increased “if the fact is committed, in the context of domestic violence, by a subject who has already been warned… even if the offended person is different from the one for whose protection the warning has already been adopted”.
The letter
Italy is a Republic stained by femicides: everyone does their part
Elisa Ercoli*
Article 5, which contains the provisions regarding the attributions of the public prosecutor, provides that “in the case of delegation, the identification always takes place specifically for the management of affairs in the field of gender and domestic violence” precisely to “favor the specialization in the treatment of trials in the field of gender-based violence and domestic violence”. In the case of homicide or attempted homicide and other crimes “committed to the detriment of the spouse, even if separated or divorced, of the part of the civil union or of the cohabitant or of a person who is linked or has been linked by an emotional relationship or close relatives” according to the provisions of article 6, the prosecutor evaluates, “without delay and in any case within 30 days of the entry of the person’s name in the register of crime reports, the existence of the conditions for the application of the precautionary measures”. The judges will also have stringent deadlines for the decision on precautionary measures.
Article 9 governs the deferred flagrante arrest by providing that videos and photos can also be used to trigger the deferred flagrante arrest in cases of abuse in the family, a crime governed by article 572 of the penal code, or by the stalking (612a).
Murder of Giulia, the investigators: a “manic” order in the Senago house, no trace visible to the naked eye
“In any case, a person is considered flagrant – reads article 9 of the bill – whoever, on the basis of photographic video documentation or other documentation legitimately obtained from computer or telematic communication devices, from which the fact emerges unequivocally , is the perpetrator, provided that the arrest is made no later than the time necessary for its identification and, in any case, within forty-eight hours of the fact”.
Article 10 deals with the strengthening of precautionary measures and the use of the electronic bracelet. While before the electronic bracelet was applied only at the request of the magistrate, now it will normally be applied unless the magistrate says that there is no need, and in any case with the consent of the person concerned. In particular, the use of the electronic bracelet is envisaged with the prescription of “maintaining a certain distance, in any case not less than 500 meters from the family home and from other specific places usually frequented by the offended person, unless attendance is necessary for work reasons” . In this case the judge “prescribes the relative modalities and can impose limitations”. Furthermore, “with the same provision that establishes the prohibition of approaching, the judge provides for the application, even jointly, of a more serious measure if the defendant denies consent to the adoption” of the electronic bracelet.
«This provision comes in days in which things have happened, the latest feminicides, which have affected public opinion, all of us, which have moved and shocked all of us. However, the measure had already been in the pipeline for some time», said Eugenia Roccella, Minister for the Family, Birth Rate and Equal Opportunities. «It is clear that with this law we intervene on some critical points with considerable force, but certainly all this is not enough if it is not accompanied by a campaign, by a cultural change, because it is essentially a cultural question. We also think of the last terrible case of Giulia Tramontano, in which no law could have saved her. The measures we are taking must be accompanied by something more – she reiterates -, we must put in place actions that promote awareness, especially for the new generations, of the seriousness of violence against women, of this phenomenon that does not mention to decrease”.
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