The protection of women against man’s violence: from the Rocco Code… to the Red Code

Issue 11/2019

The present text is a re-elaboration, updated to the many innovations introduced by law n. 69 of 2019, of the essay originally published in Criminalia 2019, with the title Violenza sulle donne e legge penale: a che punto siamo?

Abstract. The protection of women against man’s violence cannot magically come out of merely punitive legislative actions, but can only spring from a criminal policy – and before that, from a social policy – which is broad and varied and which is able to overcome ancient sexist cultural legacies (previously reflected in some norms of the Rocco Code), which is aimed at seriously preventing violence (even through interventions on violent subjects intended to reduce the risk of further escalation or at least recurrence of violence) and at offering assistance – within and out of the criminal trial – to the women who are victim of violence. The latest legislative intervention – the so-called Red code – has only partially marked the aforementioned goals.

SUMMARY: 1.  Introductory remarks. – 2. The “sexist” matrix of the 1930 Rocco Code. – 3. The legislative interventions of recent years. – 3.1. “Protective” matrix or “securitarian” matrix? – 3.2. The 2009 anti-stalking law. – 3.3. The 2013 “law on feminicide”. – 3.4. The 2019 so-called “Red Code” law. – 3.4.1. The amendments to the penal code. – 3.4.2. The amendments to the criminal procedure code. – 4. When punishing is not enough: the socio-cultural roots of violence against women.

To read the Reflection, click on “open file”.