Punitive and Preventive Measures Against Domestic Violence in Italy: A Critical Assessment
摘要
Domestic violence is a paramount and urgent issue in Italy. The latest statistics show a slight increase of reports and complaints about offences such as ill-treatment and stalking, as well as physical, psychological and sexual violence within the family and intimate personal relationships, which is a cause for concern. In this field, Law No. 69 of the 19th July 2019 (named “Red Code”) implemented some important changes, both substantive and procedural, in the Italian criminal system. Recently, Law No. 168 of the 24th November 2023 has led to a strengthening of the relevant legislative tools in cases of domestic violence, including a tighten up of the preventive measures. However, a major obstacle to the application of the available laws and regulations exists, that is the difficulty of reliably predicting the dangerousness of the human behavior and the escalation of violent acts within personal relationships. As outlined by a series of judgments on this subject, considerable difficulties in ensuring prompt, proportionate and effective measures of protection for individuals exposed to violent contexts are related to the concrete possibility for public authorities to act at the most appropriate time.