The Crime of Domestic Abuse and the "Codice Rosso" Legislation

Facing criminal proceedings concerning family dynamics is an experience that touches the deepest chords of personal life. When we speak of domestic abuse, regulated by Article 572 of the Italian Penal Code, we are confronted with complex situations that require not only technical expertise but also profound human sensitivity. As a criminal lawyer in Milan, it is essential to understand that Italian law severely punishes anyone who abuses a family member, cohabitant, or a person subject to their authority. The law aims to protect the psychophysical integrity of family members against conduct that makes cohabitation painful and intolerable.

The regulatory framework was significantly strengthened by the introduction of Law no. 69/2019, known as the "Codice Rosso" (Red Code). This reform introduced a preferential track for the handling of domestic and gender-based violence crimes, ensuring greater speed in investigations and the adoption of any precautionary measures. The rationale behind the law is to intervene promptly to interrupt the spiral of violence and protect victims before the situation can escalate further. It is essential to emphasize that domestic abuse is a habitual crime: a single episode of argument or battery is not enough; rather, a repeated course of conduct over time is necessary, causing a state of continuous physical or moral suffering to the victim.

Studio Legale Bianucci's Approach to Criminal Defense

Avv. Marco Bianucci, an expert criminal lawyer in Milan, handles cases related to Article 572 of the Penal Code with a rigorous and analytical method, aware of the delicacy of the matter. The defense strategy is tailored, whether assisting the investigated person or protecting the victim. In the case of defending the investigated party, Studio Legale Bianucci's approach focuses on the meticulous analysis of the evidence. Indeed, conflicting family dynamics, especially during separation, can often lead to instrumental complaints or exaggerated interpretations of domestic conflicts. The objective is to verify the actual existence of the crime's requirements, distinguishing between criminally relevant conduct and simple family crises, ensuring full respect for the right to defense and the principle of presumption of innocence.

When the firm assists the victim, Avv. Marco Bianucci's intervention aims to ensure maximum protection through the tools offered by the "Codice Rosso." This includes the prompt request for precautionary measures, such as removal from the family home or a restraining order, and the constitution of the victim as a civil party in the criminal proceedings to obtain fair compensation for moral and material damages suffered. The priority is always to provide legal support that allows the client to navigate the judicial process with the assurance of being protected by an expert professional, capable of navigating the procedural complexities of the Court of Milan with firmness and competence.

Frequently Asked Questions

What are the penalties for the crime of domestic abuse?

Article 572 of the Penal Code provides for severe penalties for those who commit the crime of abuse against family members or cohabitants. Imprisonment ranges from a minimum of three to a maximum of seven years. The penalty is increased if the act is committed in the presence of or to the detriment of minors, women in a state of pregnancy, or persons with disabilities, or if the act is committed with the use of weapons. As a criminal lawyer, it is my duty to clarify that the severity of the sanction reflects the importance the legislator attaches to the protection of family integrity.

What changes with the "Codice Rosso" procedure?

The "Codice Rosso" introduced substantial procedural changes to accelerate state intervention. One of the most relevant innovations is the obligation for judicial police to immediately report the crime to the Public Prosecutor's Office, even orally. Furthermore, the Public Prosecutor's Office is obliged to hear the victim within three days of the registration of the crime report, unless there are compelling reasons to protect the confidentiality of the investigation. This allows for an extremely rapid assessment of the need to apply precautionary measures to protect the victim.

Is it possible to withdraw a complaint for domestic abuse?

This is one of the most common questions asked of an expert criminal lawyer. The answer is that the crime of domestic abuse (Art. 572 of the Penal Code) is prosecuted ex officio. This means that once the judicial authority becomes aware of the crime, the criminal proceedings continue regardless of the victim's wishes. Even if the victim decides to forgive the perpetrator or wishes to withdraw the complaint, the State has a duty to ascertain the facts and prosecute the crime, precisely to prevent the victim from being pressured to retract their statement.

What should I do if I have been unjustly accused of domestic abuse?

If you receive a notice of investigation or are under investigation for domestic abuse, it is crucial to contact a lawyer immediately. Avv. Marco Bianucci advises against making impulsive statements without the presence of legal counsel. The defense strategy will be based on gathering evidence (witness testimonies, messages, documents) to demonstrate the lack of habitual conduct or to contextualize the facts as mutual conflict that does not constitute the crime of abuse. A timely defense is essential to avoid the application of precautionary measures.

Request a Legal Consultation in Milan

Issues related to domestic abuse and "Codice Rosso" procedures require immediate and highly qualified legal intervention. If you are involved in such a situation, whether as an investigated party or as a victim, do not let the situation evolve without adequate technical support. Contact Avv. Marco Bianucci at the office located at Via Alberto da Giussano, 26 in Milan, for an in-depth and confidential assessment of your case. Together, we will define the best strategy to protect your rights and your freedom.