On December 12, 2023, Law No. 168 of November 24, 2023, Provisions for Combating Violence Against Women and Domestic Violence, entered into effect in Italy.
Broadening the Definition of Unlawful Conduct Related to Domestic Violence
Law No. 168 adds the circumstance of the crime being committed “in the presence of minors” to the concept of “nonepisodic acts of physical, sexual, psychological or economic violence” regarding the abuse of family members and cohabitants, personal injuries, mutilation of female genital organs, kidnapping, arbitrary personal search and inspection, and threats, as well as cases when the law allows for the arrest of a person caught committing the crime in flagrancy in the national territory. (Law No. 168, art. 1(1)(a), amending art. 3, para. 1 of Decree-Law No. 93 of August 14, 2013, on Security Measures and the Fight Against Gender Violence, converted into law with amendments by Law No. 119 of October 15, 2013.)
Increase of Penalties for Crimes Related to Domestic Violence
The penalties for the crimes of assault, personal injuries, private violence, persecutory acts, illicit dissemination of sexually explicit images or videos, and inciting a public official to commit torture or property damage are increased when the crime is committed in the context of domestic violence by a person who has already received a warning to refrain from acts of domestic violence, even if the victim is different from the person for whose protection the warning was issued. (Law No. 168, art. 1(1)(c), amending art. 3(5-quarter) of Decree-Law No. 93; Law No. 168, art. 1(2), substituting art. 8, para. 3 of Decree-Law No. 11 of February 23, 2009, on Urgent Measures Regarding Public Safety and the Fight Against Sexual Violence, and Persecutory Acts, converted into law by Law No. 38 of April 23, 2009.)
Special Protections for Victims of Domestic Violence
To protect the injured party, the police are now empowered to adopt “dynamic supervisory measures” in cases of complaints involving acts of domestic violence. (Law No. 168, art. 1(2), adding art. 3.1. to Decree-Law No. 93.)
These measures include a prohibition on approaching certain places habitually frequented by persons who need to be protected and the obligation to maintain a certain distance from such places and persons. (Law No. 168, art. 2(1)(1)(c)(2), adding a phrase to art. 8, para. 5 of Decree-Law No. 159.)
Outside of flagrancy cases, persons who violate any of these prohibitions, obligations, or provisions are subject to arrest and punishment by imprisonment for one to five years. (Law No. 168, art. 2(1)(1)(e), adding para. 1-bis to art. 75-bis of Decree -Law No. 159.)
The law also increases penalties for those who violate or evade family abuse protection orders concerning proceedings for the personal separation of spouses or the dissolution or termination of the civil effects of marriage. (Law No. 168, art. 9(1)(a)(2), amending article 387-bis of the Criminal Code.)
Arrest During the Flagrant Commission of Domestic Violence Crimes
In cases of crimes involving violation of the orders for removal from the family home, the ban on approaching places frequented by the offended person, the abuse of family members and cohabitants, or persecutory acts, flagrancy is established by unequivocal video-photographic documentation or other documentation legitimately obtained from computer or telematic devices provided that an arrest is carried out no later than the time necessary for the suspect’s identification and, in any case, within 48 hours of the event. (Law No. 168, art. 10(1), adding art. 382-bis to the Code of Criminal Procedure.)
Measures for the Emergency Removal from the Family Home
Under the new legislation, besides situations of flagrancy, the public prosecutor may order the urgent removal from the family home — with a ban on approaching the places usually frequented by the offended person — of a person seriously suspected of certain crimes for which the law establishes the penalty of life imprisonment or imprisonment exceeding a maximum of three years if there are well-founded reasons to believe that the criminal conduct may be repeated. (Law No. 168, art. 11(1), adding para. 2-bis to art. 384-bis of the Code of Criminal Procedure.)
Strengthening of Precautionary Measures and Use of Electronic Bracelets
In addition to restraining orders banning the accused from approaching certain places habitually frequented by the offended person or requiring the accused to maintain a certain distance, a judge may order more serious precautionary measures, including the wearing of an electronic bracelet. (Law No. 168, art. 12(1)(d)(1), replacing para. 1 of art. 282-ter of the Code of Criminal Procedure.)
Provisions Regarding Conditional Suspension of Sentences
In cases of conviction for the crimes of homicide or attempted homicide, abuse of family members and cohabitants, sexual violence, sexual acts with a minor, corruption of minors, gang sexual violence, persecutory acts, personal injuries, and disfiguring a person’s appearance through permanent injuries to their face, the conditional suspension of the sentence is always subject to the convicted person’s participation in and successful completion of specific courses at institutions and associations for preventing the recidivism of convicted persons, providing psychological assistance to them, and assisting with their recovery. (Law No. 168, art. 15(1), substituting para. 5 of art. 165 of the Criminal Code.)
Compensation for Victims of Intentional Violent Crimes
The law increases the compensation amounts victims or their successors in right may claim in cases of the murder of the spouse, even if legally separated or divorced, or the other party to a civil union, even if the union has ceased, or of anyone who is or has been linked to the victim by emotional relationship and stable coexistence. (Law No. 168, art. 16(1), substituting para. 1(b) of art. 13 of Law No. 122 of July 7, 2016, Provisions for the Fulfillment of Obligations Deriving from Italy’s Membership in the European Union – European Law 2015-2016.)
Training Initiatives on Combating Violence Against Women and Domestic Violence
Within 12 months from the date of the entry into force of Law No. 168, the government is to prepare national guidelines for the adequate and homogeneous training of operators who come into contact with women victims of violence. (Law No. 168, art. 6(1), adding para. 1-bis to art. 75-bis of Decree-Law No. 159.)
Dante Figueroa, Law Library of Congress
December 28, 2023
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