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17 July 2019With 197 votes in favor, no votes against and 47 abstentions the bill "red code" also collects the last go-ahead of the Senate and becomes law. Launched by the Council of Ministers at the end of November 2018, strongly supported by the Northern League minister Giulia Bongiorno and the Minister of Justice, the pentastellato Alfonso Bonafede, the text of the provision that provides for a fast track and a speeded-up procedure for complaints, was then profoundly changed with the addition of numerous articles during the procedure in the Justice of Montecitorio commission. But it is on the occasion of the examination by the Chamber of the House that important innovations have been included, such as the crime of revenge porn. Norma, this, initially at the center of a hard clash between majority and opposition, lined up compactly in favor of inserting the specific crime of spreading video and intimate and private images in the bill on gender violence. The majority, M5s in the lead, at first opposed the change, pushing instead for the ad hoc bill on revenge porn to be examined by the Senate, to then open to the requests of minority forces and vote unanimously in favor of the insertion of the crime already in this provision. Another significant change is the crime of scarring the face, which is included in the penal code. These are the cornerstones of the "red code" bill:

Preferred lane and faster processes
The "red code" bill introduces a fast and preferential lane for complaints and investigations, in the same way as in first aid facilities for more serious patients. For sexual crimes, the bill provides that "the communication of the crime report is immediately given also in oral form. The oral communication must follow without delay the written one with the provided indications and documentation". The prosecutor has three days from the registration of the crime report to take information, with exceptions if the victim is a minor. As for the police, it must act "without delay" to carry out all the acts of the public prosecutor. Another important novelty, wanted by the 5 stars, is the lengthening of the time to file a complaint: the victim has 12 months, no longer only 6, to file a complaint from the moment of sexual violence suffered.

Revenge porn
After a hard clash between the majority and the opposition on the inclusion in the bill of the crime of revenge porn, an amendment that introduces a new article in the penal code, the 613 ter, immediately after the crime of stalking. Specifically, the crime of "Illicit distribution of sexually explicit images or videos" is introduced. The article provides that anyone, after having made or stolen them, sends, delivers, assigns, publishes or disseminates images or videos with sexually explicit content, destined to remain private, without the consent of the persons represented, is punished with imprisonment from one to six years and the fine from 5 thousand to 15 thousand euros. The same penalty applies to those who, having received or in any case acquired the images or videos, send, deliver, sell, publish or disseminate them without the consent of the persons represented in order to bring them harm. The penalty is increased if the facts are committed by the spouse, even if separated or divorced, or by a person who is or has been linked by an affective relationship to the injured party or if the facts are committed through computer or electronic means. The penalty is increased from one third to half if the facts are committed in damage to a person in a condition of physical or mental inferiority or to the detriment of a pregnant woman. The crime is punished to the complaint of the injured person. The deadline for the lawsuit is six months. The remission of the lawsuit can only be procedural ".

Scarring of the face
The crime of scarring of the face is introduced into the penal code. Anyone who causes a personal injury to others from which the deformation or permanent disfigurement of the face results is punished with imprisonment from eight to fourteen years in prison

No chemical castration
The League, in the House, through an amendment later withdrawn to safeguard the government's estate and not open a new front with the 5 stars firmly opposed to the rule, aimed to introduce in the bill the possibility, for the convict for sexual offenses, to voluntarily undergo a temporary and reversible pharmacological castration to obtain the suspended sentence. The common front of the pentastellars with the opposition (with the exception of the Fdl) prevented the House from voting for the norm, which, however, the leaguers have promised, will be the subject of an ad hoc law.

Law enforcement training
Specific training courses must be set up for personnel performing public security and judicial police functions, both in terms of prevention and the prosecution of crimes. Course attendance is mandatory.

Stop imposed marriages and child brides
"I dedicate this victory to the memory of Farah and Sana, killed by their relatives because they wanted to live free", are the words of Mara Carfagna (FI), author of the amendment approved by the House and transformed into an additional article of the bill "red code ". The text provides for the prohibition of marriages or civil unions for coercion. The penalty is imprisonment from one to a maximum of five years, increased penalty in the case of minors. The crime is punishable even if it is committed abroad to the detriment of a citizen or a foreigner legally resident in Italy at the time of the deed.

Support for feminicide orphans
Carers of feminicide orphans have the right to support, including financially, from the state. Also in this case it is an amendment by Forza Italia, approved in the Chamber.

Penalty tightening for sexual offenses
The bill strengthens all the penalties currently provided for by the penal code for sexual crimes, including stalking. For maltreatments in the family and the threat ranges from 3 to 7 years in prison. The penalty is increased if the crime is committed before a minor or a pregnant woman or a person with a disability. For stalking the maximum sentence goes from 5 years in prison to 6 years and six months. The penalty is life imprisonment if sexual crimes are committed by a person connected by an affective relationship with the victim, even if they have ceased, or if they were cohabitants or spouses, even if separated or divorced. For sexual violence the maximum sentence rises from 10 to 12 years in prison. The aggravating circumstances, with relative increase of punishment, apply if the violence is committed by the ascendant, parent, even adoptive, or guardian; if the victim is a minor. Also increase the penalties for sexual acts with minors. The maximum penalty for group sexual violence rises from 12 to 14 years. The increase of the maximum penalty for the crime of persecutory acts is from the current 5 years to 6 years and 6 months. For the crimes of maltreatment against family members and cohabitants the anti-mafia rules apply, therefore preventive precautionary measures are possible.

Recovery routes for convicts
If the person convicted of a sexual offense wants to obtain a suspended sentence, he must participate in specific recovery procedures with institutions or associations that deal with prevention, psychological assistance and the recovery of individuals convicted of sexual offenses. The cost of the recovery routes, if the organization does not have an agreement with the State, is charged to the offender.

Mandatory transmission of measures to the civil judge
If civil proceedings are under way for the separation of spouses or causes relating to the custody of minors or relating to parental responsibility, the criminal judge must transmit, without delay, to the civil judge a copy of the following provisions, adopted in relation to a criminal proceeding for a crime of domestic or gender violence: ordinances related to personal precautionary measures, notice of conclusion of preliminary investigations, dismissal order, sentence.

Information to the victim
The bill introduces a series of information obligations to protect the victim that must be carried out quickly. It is envisaged, for example, that the communication to the person injured by a crime of domestic or gender-based violence and to his lawyer, about the adoption of release measures, of cessation of the detention security measure, of evasion (must be performed) must be carried out. the current law provides that the communication is made only upon request). Thus for the measure of the removal from the family house and the prohibition of approaching the places frequented by the injured person. The revocation or replacement of coercive or disqualifying measures against the suspect must be immediately communicated to the victim.

Electronic bracelet
The precautionary measure of the prohibition of approaching the places frequented by the injured person is modified: to allow the judge to guarantee compliance with the coercive measure, control measures can be used by electronic means or other technical instruments, for example the electronic bracelet.