Italy’s “Codice Rosso”: domestic abuse and stalking cases

Law No 69 of 2019, known in Italy as the Codice Rosso (“Red Code”), profoundly changed how domestic and gender-based violence is handled. The aim is simple: act fast, before things get worse.

I handle these cases both for victims and for people under investigation. Either way, knowing the rules helps you make the right choices.

Which offences it covers

The Codice Rosso applies, among others, to:

• abuse of family members and cohabitants (maltrattamenti, Article 572 of the Criminal Code);
• stalking (atti persecutori, Article 612-bis);
• sexual violence and aggravated bodily harm within the family;
• unlawful sharing of sexually explicit images or videos (Article 612-ter), introduced by the same law;
• breach of barring or restraining orders (Article 387-bis).

Fast track: the first 72 hours

The best-known change is the priority lane. On receiving a report of one of these offences, the prosecutor must, as a rule, hear the victim within three days (Article 362(1-ter) of the Code of Criminal Procedure). These investigations also take priority for the police.

Later reforms, particularly Law No 168 of 2023, strengthened protection further and sped up decisions on precautionary measures.

Protection measures

To protect the victim, the court can order, among other things:

• removal from the family home (Article 282-bis);
• a restraining order keeping the person away from places the victim frequents (Article 282-ter);
• electronic monitoring, such as an ankle tag.

If you are a victim

• In immediate danger, call 112. 1522 is Italy’s free national anti-violence and stalking helpline, open 24 hours a day.
• For stalking, a formal complaint (querela) must be filed within twelve months of the facts; the Codice Rosso doubled the previous deadline. Abuse within the family is prosecuted without a complaint.
• Keep messages, e-mails, recordings, medical certificates and anything that documents what is happening.
• You can join the proceedings as a civil party to claim compensation.

If you are under investigation

People accused are entitled to a full defence, and in these cases allegations sometimes turn out to be unfounded or are recharacterised.

• Comply strictly with any precautionary measure: breaching it is itself an offence.
• Do not seek contact with the complainant, not even to “talk things through”.
• Speak to your lawyer before making any statement.

If convicted of these offences, a suspended sentence is conditional on taking part in specific rehabilitation programmes run by organisations working on prevention, such as centres for perpetrators of violence.

When it overlaps with family law

Criminal proceedings for domestic abuse often run alongside a separation or a custody dispute. Each affects the other, so it helps to handle them in a coordinated way.

Read more: criminal law and family law.

Avv. Ada Alia

A member of the Pistoia Bar since 2020, she handles criminal, family, immigration and personal injury matters. She meets clients in Italian, English and Albanian.

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