A woman, about 50 years old in Italy a few weeks ago, had presented herself at the police station to file a complaint for persecution. Her ex-partner has now been arrested.
According to the victim, the two had been living together for about nineteen years and had decided to end the relationship five years ago. The man, about 60 years old from Italy, would not have accepted her and so he started chasing her on the phone and on social media. Continuous phone calls, threats, insults and scenes of jealousy, demotivated since the woman had abandoned him for years.
Recently, the man had created a fake social profile in the name of the ex-partner, in which he had posted one
private video that sent you the same thing in the past. As a result of these behaviors, the woman had fallen into a strong state of anxiety and depression.
In addition to activating the Red Code, at the request of the Public Prosecutor’s Office, the investigating judge ordered the application of the precautionary measure of house arrest for the 60-year-old man, carried out by the staff of the Due Commissariat. of Torri San Francesco.
The “Red Code”: what it is
Law 69 also acts on the “time factor”. In fact, in the face of allegations of domestic and gender-based violence, the police immediately report the prosecution, even orally. The Public Prosecutor’s Office, within 3 days of the registration of the complaint, obtains information from the offended person or the person who reported the crime and, in this case, the judicial police proceedings are initiated.
The current rules governing the crime of non-compliance with the measures of removal from the family home and the prohibition of approaching places frequented by the injured person, are strengthened and punishable by imprisonment from six months to three years for those who breach the obligations or prohibitions provided for by the judicial authority.
One of the novelties introduced by the Red Code is the article that punishes, with prison sentences of one to 5 years, the crime of coercion or induction of marriage that affects those who “with violence or threats force a person to contract a personal link “. nature or a “civil union”, taking advantage of the conditions of vulnerability or inferiority or mental need of a person. Given the ultranational dimension of the phenomenon to which it is addressed, the provision states that the crime is punishable even when the crime is committed abroad by an Italian citizen or by a foreigner resident in Italy.
The new article covers the aggravating circumstances of the crime of forced marriage: the penalty is increased if the acts are committed against a minor under the age of 18 and increases from 2 to 7 years if a minor under the age of 14 is hit. of child brides and early and forced marriages. In terms of resources, the law recognizes the loan of 7 million from 2020, already provided for in the Budget Act. Article 9 deals with the crimes of ill-treatment against relatives and cohabitants and acts of persecution, raising the minimum sentence to 3 years, up to a maximum of seven; if the act involves serious personal injury, a prison sentence of between 4 and 9 years is applied; with a very serious injury, imprisoned from 7 to 15 years. In case of death, the prison is doubled from 12 to 24 years. The crime is further aggravated when the crime of ill-treatment is committed in the presence or to the detriment of a minor, a pregnant woman or a person with a disability.
It also provides for the fight against revenge pornography: it punishes those who make and disseminate private and sexually explicit images or videos without the consent of the persons represented to harm them for the purpose of revenge or personal revenge. Those who ‘share’ images online are also penalized. The crime is punishable by a prison sentence of one to six years and a fine of 5,000 to 15,000 euros and provides for a series of aggravating factors in the case, for example, if the crime of illegal publication is committed by the spouse , even separately or separately. divorced or by a person who is or has been linked by an emotional relationship with the injured person.
Article 11 modifies the penal code intervening in case of aggravated homicide by personal relations, according to art. 577 of the Penal Code, expand the scope of aggravating circumstances allowing the application of life imprisonment even in the case of an emotional relationship without stable cohabitation or a stable cohabitation not characterized by an emotional relationship. 8 to 14 years in prison for those who cause very serious permanent personal injury, such as deformities or permanent scarring of the face. The news now reports dozens of cases of women who felt irreparably offended at being hit in the face by the corrosive acid thrown by men who had not resigned themselves to the termination of their marriage or romantic relationship. Article 13 increases the penalties for crimes of sexual violence which, in the case of violence against a child under the age of ten, form part of a minimum of 12 to a maximum of 24 years in prison. Provision is made for the possibility that those convicted of sexual offenses against minors may be subjected to psychological treatment for the purpose of recovery and support, subject to evaluation for the granting of penitentiary benefits. The law establishes the activation of specific training courses for the staff of the State Police, the Carabiniers and the Penitentiary Police “in relation to the prevention and prosecution of crimes of domestic and gender violence.