Red Code, gender-based violence and Roccella Reform
Attorney-at-law Federica Liparoti was interviewed by Avvocato360 on current issues surrounding the defense of victims of "gender-based violence" and the provisions of the recent Roccella Reform, which introduced changes to the Red Code.
What changes did the Roccella bill bring to the system?
👉 Video interview on Avvocato360
The Roccella DDL represents a turning point in Italian legislation, aiming to offer more effective protection and tougher measures against gender and domestic violence. This article examines the main changes introduced, emphasizing the importance of each in terms of prevention and victim protection.
Expansion of the powers of the police commissioner
One of the first and most significant changes concerns the expansion of the prerogatives of the quaestor, who is now authorized to admonish individuals suspected of gender or domestic violence ex officio, a step toward quicker and more decisive intervention in at-risk situations.
Application of Anti-Mafia Code measures
The Roccella DDL extends the applicability of measures under the Anti-Mafia Code, such as mandatory residence or special surveillance, to cases of gender-based violence, marking a tightening of sanctions against perpetrators.
Revised timelines for precautionary measures
Another pillar of the reform is the revision of timelines for pre-trial measures. The PM now has 30 days to assess the need for precautionary measures, a change aimed at ensuring more timely action against crimes of violence.
Suspended sentence and prevention programs
A notable change is the linking of suspended sentences to the offender's participation in violence prevention programs, an attempt to act on the cultural and behavioral root of the problem.
Deferred Flagrant Arrest
Finally, the introduction of deferred flagrante delicto arrest for crimes arising through electronic means represents an adaptation of the law to the new challenges posed by technology, offering more flexible and timely tools in the fight against gender-based violence.
Conclusion
The changes introduced by DDL Roccella mark a significant advance in Italian legislation, reflecting greater social awareness and commitment to the elimination of gender-based and domestic violence. These innovations not only strengthen protection measures for victims but also seek to prevent the commission of future crimes through education and awareness of perpetrators.
What steps forward could be taken to combat gender-based violence?
👉 Video interview on Avvocato360
Gender-based violence remains one of the most serious and complex social phenomena to be addressed in contemporary society. Despite the progress made in recent years, the road to effective prevention and repression is still long and fraught with challenges. In this context, the role of victim advocacy emerges as a pivotal point for a more effective and protective approach.
The importance of compulsory legal aid
One of the most significant proposals that has recently emerged in the legal debate is the introduction of mandatory defense counsel for victims of gender-based violence. Currently, those who are suspected or accused in criminal proceedings are by law assisted by a lawyer. Extending this provision to victims as well, from the moment the complaint is filed, could not only ease the work of the judiciary but also ensure that the rights of offended persons are fully protected.
Easing the burden on the judiciary and police forces
Mandatory legal aid for victims could result in significant relief for the work of the judiciary and police forces. Lawyers, having the power to carry out defensive investigations, could make an essential contribution to investigations, facilitating the work of the authorities and improving the effectiveness of the judicial response to the phenomenon of gender-based violence.
Impact of the Roccella DDL
The Roccella DDL introduced important procedural innovations, providing shortened timeframes for the assessment of pre-trial needs and the application of pre-trial measures. These provisions aim to ensure priority treatment for gender-based violence crimes. The assistance of a lawyer from the earliest stages of proceedings could have a significant impact on the proper application of these regulations, ensuring that victims' rights are respected and promoted.
Conclusion
The fight against gender-based violence requires continued efforts and the search for innovative solutions to strengthen protections for victims. The introduction of mandatory defense counsel is a highly relevant proposal that could significantly improve the path to justice for offended persons. Resolutely tackling this phenomenon means not only protecting victims but also promoting a culture of respect and equality, which is fundamental to the progress of our society.
Webinar: Violenza di genere: riforma Roccella e novità sul Codice Rosso (Gender-based violence: Roccella reform and news on Red Code)
Organizer: Avvocato360
Date: January 15, 2024, 17:00 - 18:40
Speakers: Attorney-at-law. Federica Liparoti and Dr. Luca Bonzanni
👉 Presentation given by Attorney Liparoti.
