Italian criminal law regarding domestic violence has undergone only limited amendments in order to fulfil the obligations enshrined in the Istanbul Convention. This article examines the scope of the offences included in the Criminal Code, in order to establish whether Italian legislation complies with the obligations of criminalisation established by articles 33 ff. of the Convention. To this end, the paper begins with some observations about the concept of domestic violence as accepted at national and international level; it then turns to analyse the crimes against physical and psychological violence, focusing on the offences of domestic ill-treatment and stalking. The article then examines aggravating circumstances and comes to the conclusion that reform is needed in order to update and rationalise the criminal law regarding domestic violence.
Combating Domestic Violence Against Women: Does Italian Legislation Comply with the Istanbul Convention?
Sofia Braschi
2022-01-01
Abstract
Italian criminal law regarding domestic violence has undergone only limited amendments in order to fulfil the obligations enshrined in the Istanbul Convention. This article examines the scope of the offences included in the Criminal Code, in order to establish whether Italian legislation complies with the obligations of criminalisation established by articles 33 ff. of the Convention. To this end, the paper begins with some observations about the concept of domestic violence as accepted at national and international level; it then turns to analyse the crimes against physical and psychological violence, focusing on the offences of domestic ill-treatment and stalking. The article then examines aggravating circumstances and comes to the conclusion that reform is needed in order to update and rationalise the criminal law regarding domestic violence.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
