ITALY
|
Developments
implementation
of
victim
on
the
Only the persona offesa is mentioned when
assistance
speaking about the rights of victims of
mechanisms
crime. Still, family members are mentioned
when speaking about specific victims of
DEFINITION OF VICTIM
crimes,
especially
when
support
and
compensation are needed.
The Italian law does not provide a general
definition of victims of crime. It refers to
VICTIM SUPPORT
persona offesa (the offended person, i.e.
the direct victim of crime) and the soggetto
There is no national victim support service
danneggiato (the damaged person, i.e. the
yet, but an open debate occurs in Italy to
indirect victims of crimes, such as family
establish one in line with the Victims’
members; this description can also include
Directive. Experts believe this is needed in
the witnesses of a crime). The persona
order to ensure proper monitoring of the
offesa is defined as the owner of a
services
protected good which has been violated by
assistance across the country.
a
criminal
conduct
punishable
and
uniformity
in
victims’
with
prosecution. The type of harm suffered
At the moment the victims’ assistance
(emotional, physical, and/or economic) is
system is provided partly by the State and
not taken into consideration in the Italian
partly by regions and provinces.
law.
Several
organisations
provide
victim
While everyone can denounce an illegal fact
support for generic victims of crime at the
to the police, as a mere informative report,
regional and provincial levels, mostly in the
only the persona offesa has the right to
Center and North of Italy. Still, experts
make
emphasized the existence of many victim
a
automatically
legal
complaint,
proposes
the
which
need
for
support services for specific victims of
punishment to take place (Art.120 cp), and
crime (e.g. the South of Italy offers support
to be informed when criminal investigations
to victims of mafia, organized crime,
are dismissed. Both, persona offesa and
extortion,
soggetto danneggiato can constitute the
harassment and terrorism).
civil party during the criminal trial (Art. 79
Certain victims (female victims of violence)
cpp).
also have access to victim support thanks to
human
trafficking,
helplines available 24 hours a day.
sexual
Italy counts 21 local governments and the
Still, within the juvenile justice system,
choice
support
criminal proceedings can be withdrawn to
services for generic victims of crime
give support and treat the young offender;
depends on the political sensitivity of each
activities
local government about victims needs.
reconciliation with the victim of crime.
of
establishing
victim
may
include
also
the
Since these services, if existing, are
organized by local realities, there is little
In case of adult offenders, only certain
coordination among them. These services
types of offenses can be dealt with the
are
or
same system which rewards the offender by
volunteers, although specific medical and
withdrawing the criminal proceedings, i.e.
psychological support is provided by public
only for crimes punishable with less than
institutions.
three years of imprisonment, the offender
often
provided
by
ex-victims
can be on probation and has an obligation
Medical, financial and emotional support is
to
act
in
favour
provided by the local services across the
(compensation, restoration of the damage,
country, especially in the North of Italy.
community
work).
of
the
Since
victim
2000,
reconciliation between victim and offender
Experts claim that there are no specific
is dealt by the judge (before, this was the
exclusion criteria thanks to the general
public prosecutor’s role). In 2014, a new
‘Italian culture of assistance’ provided by
law provides a similar system to the
the State.
juvenile justice for adults too.
Cooperation between victim support and
VICTIMS RESIDENT IN ANOTHER MEMBER
criminal
STATE
justice
authorities
is
well
established in some specific cases, such as
for services dealing with victims of gender-
Italian national legislation is already in
based violence. This cooperation ensures
compliance with Article 17 of the Victims’
that better and more efficient services are
Directive: every victim, Italian, European,
in place for these specific victims of crime.
or non-European citizen, has access to the
same rights (Art. 351, 362 of the Italian
RESTORATIVE JUSTICE
Criminal Code).
Restorative justice in Italy is not yet well
Concerning compensation, victims who are
developed.
resident in other Member States that
suffered certain types of crime (e.g. mafia
victims, extortion, and racketeering) in
practice. A pilot project on the individual
Italy can be reimbursed.
needs assessment was run in Florence.
In Italy, the guilt of a person must be proven
Minors,
during trial: all the proof of guilt collected
organized crime and terrorism, victims of
during investigations must be shown during
extortion and racketeering, victims of
the trial in presence of the judge/court.
domestic violence, victims of gender-based
There are certain exceptions when it is
violence, migrants and victims of human
impossible to bring this evidence during the
trafficking enjoy a different treatment
trial: when the witness is unable to attend
compared to generic victims of crime.
the trial because living abroad. In this case,
Specific laws exist for these victims of
the criminal code allows the possibility to
crime,
read aloud the statements made by the
committed in the past (e.g. victims of
witness during the investigations.
organized crime). These specific crimes had
disabled
buts
people,
also
for
victims
specific
of
crimes
a strong impact on the public opinion, so
INDIVIDUAL
NEEDS
ASSESSMENT
AND
VULNERABLE GROUPS
funding and legislation were provided for
the specific victims of these crimes. Other
laws protect and support victims of road
There is no individual needs assessment for
traffic accidents.
all victims of crime mentioned in national
legislation. Still, assessments are made to
TRAINING OF PRACTITIONERS
child victims (Art.609 of the criminal code),
victims of human trafficking (Art. 13 Law n.
The
228/2003)
Superiore
and
victims
of
domestic
violence.
School
of
della
the
Judiciary
Magistratura)
(Scuola
provides
specialised training for judges and public
prosecutors. They must attend mandatory
According to an expert, the problematic
trainings every year, but it is up to them to
aspects for transposing this article are:
request specific courses
identifying who will be carrying out such
certain themes or categories of crime.
dedicated to
individual needs assessments (i.e. the
police, or psychologists, or the public
The
prosecutor, or a NGO); defining in which
administrations and lawyers are required to
stage
the
attend trainings organized by the bar
assessment can be done and how to do it in
associations of the territory to which they
of
the
criminal
procedure
police
belong.
are
trained
by
their
of crimes, such as victims of genderTraining is also available for victim support
based violence.
and restorative justice practitioners, but
this is not compulsory and it differs in terms
The necessity of an overview and evaluation
of
etc.,
of all services provided by the State,
depending on the location across the
regions and provinces across the country
country.
and of the establishment of a proper
frequency,
timing,
contents,
coordination at national level was referred
COOPERATION AND COORDINATION OF
as pivotal.
SERVICES
Promotional campaigns are organized by
the State in order to raise awareness on
The information contained in this Factsheet
victim support and how to have access to
was retrieved from interviews conducted under
these services. In case of victims of genderbased violence, the Department of Equal
Opportunities of the Presidency of the
Project IVOR with experts and from the
National Report of Project Protecting Victims’
Rights in the EU: the theory and practice of
diversity of treatment during the criminal trial
Council promoted victim support services
(available at
on television, on public transports and
http://www.victimsprotection.eu/)
cinemas across the country.
More information at www.apav.pt/ivor
Similar promotional activities are done at
local level by local services.
The
lack
established
of
cooperation
between
criminal
practices
justice
authorities and victim support services in
order to better assist victims of crime is a
concern in Italy:

The territorial division of Italy plays a
crucial role in limiting equal access to
services to victims of crime all over the
country;

Cooperation is well-established only for
assisting specific categories of victims