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Femicide: Legal Definition and Normative Context in Italy

Femicide, as defined by Italian Law 181/2025 and Article 577-bis of the Penal Code, refers to the killing of a woman by a man, specifically motivated by gender discrimination, hatred, or the repression of her rights and personal freedom. This distinct legal category ensures severe penalties, including life imprisonment, recognizing the unique societal harm of gender-based violence.

Key Takeaways

1

Femicide is a distinct crime under Italian Law 181/2025.

2

It targets killings motivated by gender discrimination or hatred.

3

Penalties are severe, often including life imprisonment.

4

Law 181/2025 introduced it into Article 577-bis Penal Code.

5

It differs from simple homicide by its gender-based motivation.

Femicide: Legal Definition and Normative Context in Italy

What is the Legal Definition of Femicide under Italian Law 181/2025?

Italian Law 181/2025 legally defines femicide as the killing of a woman by a man, specifically motivated by gender discrimination, hatred, or the repression of her fundamental rights and personal expression. This definition, integrated into Article 577-bis of the Penal Code, distinguishes femicide from general homicide by emphasizing the gender-based intent behind the crime. It acknowledges the systemic nature of violence against women, providing a specific legal framework. The law ensures that the motivation, not just the act, is central to its classification and prosecution.

  • Death of a woman caused by a man.
  • Specific motivations: gender discrimination, hatred, prevarication.
  • Repression of rights, freedom, personal expression.
  • Rejection of an affective relationship.
  • Attempt to limit individual liberty.
  • Integrated into Article 577-bis of the Penal Code.
  • Significance: links homicide to gender motivation.

What is the Normative Framework for Femicide in Italy?

The normative framework for femicide in Italy is primarily established by Law 2 December 2025, n. 181, which formally introduces femicide as an autonomous offense. This legislation significantly amends the Penal Code through Article 577-bis, addressing gender-based killings with elevated sanctions. The law reflects a commitment to combating violence against women by creating a distinct legal category that recognizes the unique discriminatory nature of these crimes. It ensures perpetrators face severe consequences, including life imprisonment, underscoring society's condemnation.

  • Law 181/2025: autonomous femicide offense.
  • Elevated sanctions, life imprisonment.
  • Art. 577-bis Penal Code: life imprisonment.

What Penalties and Sanctions Apply to Femicide?

Femicide carries severe penalties in Italy, primarily life imprisonment as the main sanction for those convicted. In specific circumstances, such as with attenuating factors, the minimum sentence can be 24 years of imprisonment. This stringent approach is justified by the profound social harm and the gravity of the underlying motivations, particularly gender-based hatred and discrimination. The law aims to reflect society's strong condemnation of crimes committed against women due to their gender, ensuring punishment aligns with the severe disvalue of such acts.

  • Life imprisonment is main penalty.
  • Minimum 24 years (with attenuants).
  • Justified by gender hatred/discrimination.

Why Was Femicide Introduced as a Specific Offense?

The introduction of femicide as a specific offense stemmed from a critical need to recognize the discriminatory gender-based nature of certain killings, moving beyond treating them merely as aggravated common homicides. This legislative change reflects a societal will to specifically punish those who kill women because they are women, aligning with principles of equal dignity and protection against gender violence. It also reinforces adherence to international norms, such as the Istanbul Convention, and responds to significant statistics highlighting the urgency of the problem.

  • Previously common homicide (Art. 575).
  • Recognize discriminatory gender character.
  • Punish killing women as women.
  • Uphold equal dignity, anti-violence.
  • Reinforce Istanbul Convention.
  • Istat: many women killed by partners.
  • Highlights urgent social problem.

What is the Difference Between Simple Homicide and Femicide?

The fundamental difference between simple homicide (Article 575 c.p.) and femicide (Article 577-bis c.p.) lies in the motivation behind the crime. Simple homicide involves the killing of any person without gender-specific motivations, carrying a maximum penalty of 30 years imprisonment. Femicide, however, specifically involves the killing of a woman motivated by gender discrimination, hatred, or the repression of her rights, and is punishable by life imprisonment. This distinction highlights that femicide is not just about who the victim is, but crucially, why they were targeted.

  • Simple Homicide: any person killed.
  • Simple Homicide: max 30 years.
  • Simple Homicide: no gender motive.
  • Femicide: woman killed, gender motive.
  • Femicide: life imprisonment.
  • Femicide: requires gender discrimination.
  • Novelty: motive, not just victim.

Where Can I Find Official Sources on Femicide Legislation?

Official information regarding femicide legislation in Italy can be found in key normative documents and governmental publications. The primary legal texts are Law 2 December 2025, n. 181, which established the autonomous offense, and Article 577-bis of the Italian Penal Code, detailing its definition and penalties. For broader context and governmental perspectives, documents from the Italian Government or its program are relevant. News sources like ANSA English provide insights into the law's approval, while legal analyses on platforms like Diritto.it offer deeper juridical understanding.

  • Normative: Law 181/2025.
  • Normative: Art. 577-bis Penal Code.
  • Context: Italian Government documents.
  • Context: ANSA English news.
  • Context: Diritto.it legal analyses.

What is the Main Conclusion Regarding Femicide Legislation in Italy?

The main conclusion is that femicide is now recognized as an autonomous crime in Italy, marking a significant legal advancement. This specific definition is intrinsically linked to gender-based hatred or discrimination, distinguishing it from other forms of homicide. Law 181/2025 and Article 577-bis represent a robust normative intervention aimed at confronting severe violence against women and upholding their rights and dignity. This legislative framework underscores Italy's commitment to addressing and preventing gender-based violence through targeted legal measures.

  • Femicide: autonomous crime in Italy.
  • Linked to gender hatred/discrimination.
  • Law 181/2025, Art. 577-bis: strong intervention.
  • Combats violence, protects women's dignity.

Frequently Asked Questions

Q

What is the core definition of femicide in Italy?

A

Femicide is the killing of a woman by a man, motivated by gender discrimination, hatred, or repression of her rights. It's defined by Law 181/2025 and Article 577-bis of the Penal Code.

Q

Which Italian law introduced femicide as a distinct offense?

A

Italian Law 2 December 2025, n. 181, introduced femicide as an autonomous offense. It integrated its definition and penalties into Article 577-bis of the Penal Code to address gender-based killings specifically.

Q

What are the typical penalties for femicide in Italy?

A

The primary penalty for femicide in Italy is life imprisonment. With specific attenuating circumstances, the minimum sentence can be 24 years. This reflects the crime's severe social disvalue and gender-based motivation.

Q

How does femicide differ from simple homicide?

A

Femicide differs from simple homicide by its specific motivation: killing a woman due to gender discrimination or hatred. Simple homicide lacks this gender-based intent, and its penalties are generally less severe.

Q

Why was a specific law for femicide deemed necessary?

A

A specific law was necessary to recognize and punish the discriminatory gender-based nature of these killings. It aligns with international norms and addresses the urgent social problem of violence against women effectively.

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