Green light for the immediate arrest of the suspect in the event of threats, injuries and stalking and the possibility of resorting to dynamic vigilance of the victim. Ok to the enhanced use of the electronic bracelet. These are three of the main measures contained in the bill for the prevention and fight against violence against women and domestic violence approved by the Council of Ministers. It is a provision made up of 10 articles which it introduces a new squeeze "with a twofold objective: to strengthen tools for the prevention and protection of women", says the Minister of Justice Marta Cartabia.
VIOLENCES AND FEMINICIDES
Based on the data contained in the "Voluntary homicides" report edited by the Criminal Analysis Service of the Central Directorate of the Criminal Police, in fact, in 2021 violations of "code red" prohibitions increased by 10 percent, while femicides are 109, l 8% more than last year. 93 women were killed in family or emotional circles, 63 of which at the hands of their partner or ex-partner. In addition, as of October 31, 2021, 1.099 cases of revenge porn were recorded, 45% more than the 759 of last year.
WHAT THE DDL PROVIDES FOR
All the ministers of the Draghi government worked side by side on the bill: Elena Bonetti, Luciana Lamorgese, Marta Cartabia, Mara Carfagna, Mariastella Gelmini, Fabiana Dadone and Erika Stefani.
On the basis of the provisions, the public prosecutor can also order outside the cases already foreseen (such as flagrante delicto) "the detention of the seriously suspected person” of abuse in the family, personal injuries and persecution or of a “crime committed or attempted, committed with threat or violence” if “there are specific elements to consider the danger serious and imminent”, when “it is not possible, due to the situation of urgency, wait for the judge's ruling". The measure is envisaged for crimes such as abuse in the family, injuries and stalking. “In case of violent attitudes it will be possible proceed ex officio“, said the Minister of the Interior, Luciana Lamorgese. There will therefore be no need for the victim's report, but only if the violent partner has already received a warning for the same type of crime.
Two other important innovations concern the tightening of theenhanced use of the electronic bracelet for those who threaten or mistreat (those who try to tamper with it will go to jail) and the hypothesis of a dynamic vigilance of the victim. Regarding the first, the bracelet will be applied only with the consent of the interested party. However, if the latter refuses, he risks heavier alternative measures. In case of tampering, prison is triggered. As regards the second, after a complaint or lawsuit, the forces of order, "if concrete and relevant elements of danger of recurrence of the conduct emerge from the first investigations", communicate it to the competent prefect who can adopt "supervisory measures dynamic, to be reviewed on a quarterly basis, to protect the offended person".
“For the conditional suspension of the sentence, we require strict compliance with the recovery paths and a more widespread, vast, robust use of the electronic bracelet which places the violent in front of the alternative of wearing it or ending up in prison. Then there's one provisional for orphans of feminicide, to be disbursed not at the end of a long process but after the preliminary investigations”, explained the minister of the South, Mara Carfagna, in a press conference at the end of the Council of Ministers.
Finally, the foreseen penalties for the crimes of beatings, injuries, threats, trespassing and damage, they increased "if the fact is committed in the context of domestic violence by a person who has already been admonished".
