On the day dedicated to the elimination of violence against womenthe House voted unanimously to introduce the crime of femicide, the gender-motivated killing of a woman, as a specific crime, punishable by life imprisonment. The new article of the penal code creates a category of crime “based on the characteristics of the victim“, according to the explanatory report of the bill, which recognizes femicide as an independent crime, punishable by life imprisonment. The text defines the crime as the killing of a woman for reasons of hatred, discrimination or control, and also provides for more severe penalties for related crimes such as abuse and stalking, as well as strengthening protections for victims and orphans.
Previously, the law only provided aggravating circumstances in cases where the killer was married or related to the victim. The provision will apply to murder crimes that involve “acts of hatred, discrimination, domination, control or subjugation of a woman because she is a woman”, or which occur when the woman breaks off a relationship or for “limit his individual freedoms”.
Prime Minister Giorgia Meloni celebrated the vote, defining the provision as a tool for “defend the freedom and dignity of every woman”. The Meloni government supported the bill from the beginning and promoted other legislation to protect women, such as laws anti-stalking.
However, although the political agreement provided for a “double step”, with approval of the crime of femicide and a definitive vote on the reform on sexual violence based on “free and current consent”, this last step was skipped at the last moment. The majority asked for an “in-depth supplement” and new hearings on the topic, blocking the examination of the consent bill.
The bill provides for a broad and systematic intervention to respond to the needs of protection against violence committed against women: it is in line with the obligations assumed by Italy with the ratification of the Istanbul Conventionwhich requires States to prevent, punish and monitor gender-based violence. Also respect the operational lines of the new EU directive 1385/2024which aims to strengthen the protection of women from violence in all Member States by promoting preventive and sanctioning measures. Italy will now join Cyprus, Malta and Croatia among the EU member states that have introduced a legal definition of femicide in their penal codes.
The intervention involves the inclusion of a new case, whose passive subject is a woman: the extreme gravity of the conduct justifies thelife sentence as a punishment, according to the text. In fact, the law refers to two main cases:
- Murder motivated by discrimination or hatred towards womenthat is, when the victim is chosen because she belongs to the female sex;
- Murder aimed at repressing women’s rights or freedomsthat is, when violence aims to limit his autonomy, his personal expression or his role in society.
In the cases of “code red”which in Italy concern the most serious crimes of violence against women, the hearing of the offended person must be carried out compulsorily by the Public Prosecutor (Pm). Normally, the PM can delegate to the judicial police (carabinieri, police or financial police) the collection of declarations, testimonies or complaints: the new law aims to guarantee, through the presence of the Public Prosecutor, protection of the victim, respect for his rights and legal precision. In this way, the procedure for starting investigations will be accelerated, with the Prosecutor being able to immediately assess the need for precautionary measures.
The list of code red crimes will be updated and will include stalking, femicide and other serious crimes. Moreover, it will be victim protection is strengthenedensuring that his voice is heard before the plea process closes. Before a possible plea bargain, the victim must be informed and will have the right to express themselves; the judge will have to take his opinion into account and justify any contrary decisions in the sentence.
Anyone who commits code red crimes will not automatically be able to access benefits such as reward permits, conditional release, suspension of the execution of the sentence or alternative measures to detention. The intervention includes specific crimes (aggravated abuse, stalking, femicide, persecutory acts): in these cases, precautionary measures will be strengthenedwith a presumption of adequacy for precautionary custody (arrest or house arrest) and a ban on approach as an exception.
