The Importance of Expert Defense in the Context of the "Codice Rosso"

Dealing with legal issues related to gender-based or domestic violence represents one of the most delicate and complex moments in a person's life. The entry into force of Law no. 69/2019, known as the "Codice Rosso" (Red Code), introduced substantial changes to the Italian criminal justice system, aiming to provide faster and more effective protection to victims. As an expert lawyer in criminal law in Milan, Avv. Marco Bianucci is aware that, in these circumstances, the timeliness and precision of the defense strategy are fundamental, both for those who suffer the crime and for those who are accused of it.

What Law 69/2019 Provides: Novelties and Stricter Penalties

The "Codice Rosso" amended the criminal code and the code of criminal procedure to accelerate state intervention in protecting victims of domestic and gender-based violence. One of the most significant innovations is the obligation for judicial police to immediately communicate the commission of a crime to the Public Prosecutor, who must hear the offended person within three days of the crime being registered. This urgent procedure aims to promptly assess the potential need for precautionary measures to protect the victim's safety.

The legislation has also introduced new criminal offenses to respond to the evolution of social and technological dynamics. These include the crime of unlawful dissemination of sexually explicit images or videos, commonly known as revenge porn, the crime of coercion or incitement to marriage, and the crime of deforming a person's appearance through permanent facial injuries. Penalties for existing crimes, such as domestic abuse, stalking, and sexual violence, have also been increased, with specific aggravating circumstances.

The Approach of the Bianucci Law Firm to "Codice Rosso" Cases

Avv. Marco Bianucci, operating as a criminal lawyer in Milan with consolidated experience in the sector, handles cases governed by the "Codice Rosso" with an approach that combines technical rigor and profound human sensitivity. The delicacy of the subject matter requires not only in-depth knowledge of the regulations but also the ability to manage the emotional impact that these proceedings have on clients.

For the offended persons, the firm's assistance focuses on the accurate preparation of complaints, participation in investigative acts, and the establishment of civil claims, ensuring that the victim's voice is heard and protected at every stage of the process. The goal is to achieve justice and protection by leveraging all the accelerated measures provided by law.

Concurrently, Avv. Marco Bianucci guarantees the full right of defense also to those who are under investigation or accused of these crimes. In these cases, the defense strategy aims to rigorously verify the validity of the accusations, analyzing all evidentiary elements and contextualizing the facts, to prevent precautionary measures or convictions from being based on partial or inaccurate reconstructions. The presumption of innocence remains a cornerstone of our legal system that must be firmly protected.

Frequently Asked Questions

What are the intervention times with the "Codice Rosso"?

The law mandates a preferential track for these crimes. Judicial police must immediately report the commission of a crime to the Public Prosecutor, even orally. The Public Prosecutor, in turn, must gather information from the offended person or from whoever reported the facts within three days of the crime being registered, unless there are indispensable needs to protect the confidentiality of the investigation or the interest of the offended person.

What is the crime of Revenge Porn?

Introduced by Article 612-ter of the criminal code, it punishes anyone who sends, delivers, cedes, publishes, or disseminates sexually explicit images or videos, intended to remain private, without the consent of the persons depicted. The penalty also applies to anyone who, having received or acquired such images, disseminates them in turn to cause harm to the interested parties.

Are there economic aids for the legal expenses of victims?

Yes, the Italian legal system provides specific protections for victims of sexual violence, domestic abuse, and stalking. In many cases, victims of these crimes can be admitted to Legal Aid regardless of the income limits usually required, thus ensuring access to justice without financial burdens.

What happens if a restraining order is violated?

The "Codice Rosso" introduced a new specific crime for the violation of orders of removal from the family home and prohibition of approaching places frequented by the offended person. The violation of these precautionary measures is now punishable by imprisonment, allowing for immediate repressive action by law enforcement agencies.

Request a Confidential Legal Consultation

If you find yourself involved in a situation that falls under the provisions of the "Codice Rosso," it is essential to act with prudence and speed. Contact Avv. Marco Bianucci for a preliminary assessment of your case. The Bianucci Law Firm, located in Milan at Via Alberto da Giussano 26, offers a confidential and professional environment where you can explain your situation and define the most appropriate legal strategy to protect your rights and your safety.