Rstrengthening of precautionary measuresdeferred arrest in flagrante delicto, reprimand even without reporting the victim, electronic bracelet normally applied, obligation to comply with the minimum approach distance of 500 meters. These are some of the measures contained in the bill against violence against women and the feminicides that yesterday received the go-ahead from the Council of Ministers.
Anti-feminicide squeeze, what the new bill provides
The objective of the bill, which makes the measures contained in the 2019 Red Code more severe, is also to improve the way in which justice deals with feminicides. Speeding up the time for the application of precautionary measures. (The prosecutor must decide whether to request them within 30 days of the entry of the accused person in the register of suspects. And the judge will have another 30 days to decide whether to accept the requests). Giving priority to the handling of trials relating to gender-based and domestic violence. Specializing the prosecutorsalways trying to assign the files concerning violence against women to them.
The “spy crimes” and the yellow card for the violent man
The bill, made up of 15 articles, aims above all at prevention for prevent so-called “spy crimes” (from beatings to the illicit dissemination of sexually explicit images or videos) from degenerating into more serious facts. To use the words of the Minister for the Family, Eugenia Roccella, it is a question of imposing the so-called yellow card on the violent man.
Thus the measure of is also introduced for those suspected of violence and assaults special surveillance of public safety and the obligation to stay in the municipality of residence or habitual abode, provided for by the Anti-Mafia Code. Regardless of the commission of a previous crime.
After the death of Giulia Tramontano, “we ride the emotional wave”
The urgency of this bill was more than ever felt, in the aftermath of the femicide of Giulia Tramontano. But, second Antonella Veltri, president DiRe – Women on the Net against violence«responds precisely to an emergency, ride the emotional wave of the last feminicidebut does not address the root of the phenomenon».
Giulia Tramontano, 29 years old, seven months pregnant, in an image taken from her sister’s Facebook profile (Ansa Photo)
The warning without the need for the victim’s complaint
Among the measures envisaged is the strengthening of the so-called “warning” with summons to the police station after one report for acts of domestic violence, cyberbullying or stalking. It allows the withdrawal of any weapons legally possessed by the “warned” person and the prosecution of the crimes mentioned in the event of recurrence of the conduct, without the need for a lawsuit.
But, underlines Veltri of DiRe – Women on the Net against violence «the summoning to the police station even without the need for a complaint by the woman exposes the woman even more to danger and it does not take into account the will of the woman».
An increase in penalties is foreseen for crimes committed by a person who had already received a warning, even if they occur against a person other than the one who had initially reported.
The “removal” and the electronic bracelet
Detention is expected prison not only in cases of violations of the arreshome, but also in cases where the so-called “removal” is violated, or the obligation to maintain a distance of at least 500 meters from the places usually frequented by the person who is the victim of the crimes being investigated. And this obligation can also be imposed, by court decision, through the electronic bracelet.
Of course, as noted by Veltri di DiRe – Women on the Net against violence “The electronic bracelet with the minimum distance of 500 meters, although useful, certainly cannot be counted among the prevention tools, given that it intervenes after the crime has already occurred”.
The prevention of feminicides is a cultural change
There prevention, for anti-violence centres, it is something else: it is intervening on the causes that give rise to violence and can give rise to feminicides. «It is training, it is educating to respect, it is activating responsibility. Prevention in the legal sense cannot be confused with the prevention referred to in the Istanbul Convention and which the anti-violence centers operate on a daily basis”.
Deferred arrest in flagrante delicto
Another rule worth noting is thedeferred arrest in flagrante delicto” for those who are responsible for ill-treatment, persecution, or violate a removal order. You can be arrested even in cases where the crime can be demonstrated through videos, photos or other kinds of documentation (for example chat or information provided by a gps), provided that you do not exceed 48 hours from the fact that you want to document.
The recovery paths of the abusers
There is concern, on the part of the network of anti-violence centres, also «for those announced recovery paths for abusers (art.10 of the bill) which open up an unknown future of reintegration of male perpetrators of violence on the basis of little-tested activities and treatments».
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