Certainty of a long prison sentence for criminals who kill the women they once loved under the new law that will come into force on December 16, 2025
Abstract: The Law of December 2, 2025, No. 181 introduces into the Italian Penal Code the new autonomous offense of femicide, punishable by life imprisonment when the killing of a woman is motivated by gender-based reasons. The provision overcomes the gaps in voluntary homicide by eliminating the possibility of significant sentence reductions through mitigating circumstances and by establishing strict minimum penalties even when such circumstances apply. Plea bargaining and abbreviated trial procedures no longer allow for substantial reductions. This reform represents both a cultural and legal shift in addressing violence against women, though its effectiveness will depend on adequate resources, training, and a parallel commitment to prevention and cultural transformation.
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Femicide as an Autonomous Offense
With the publication in the Official Gazette of Law 2 December 2025, No. 181, “Introduction of the offense of femicide and other regulatory measures for combating violence against women and for protecting victims”—approved definitively on 25 November 2025, on the International Day for the Elimination of Violence against Women, with unanimous support from both majority and opposition—a cultural milestone has been reached within the Italian criminal justice system, particularly regarding the protection of women from gender-based violence.
With this law, Italy takes an important step toward recognizing the specific nature of violence against women: not as a simple criminal act, but as a structural phenomenon, rooted in gender discrimination, control, and domination. On this premise, the new legislation effectively introduces what could be described as a “gender-based aggravating factor.”
It introduces Article 577-bis into the Penal Code, which establishes the autonomous crime of femicide, distinct from voluntary manslaughter, when the killing of a woman occurs for reasons linked to gender—such as an act of hatred, discrimination, domination, control, possession, or in relation to the woman’s refusal to establish or maintain an emotional/romantic relationship, or as an act limiting her individual freedoms. In this way, the law aligns with demands long voiced by women’s rights organizations, which had denounced the lack of specific recognition for crimes committed on a gender basis, and it also aligns with European norms and punitive frameworks.
Consequences of Applying the Femicide Offense Instead of Manslaughter
The new crime of femicide replaces the offense of voluntary manslaughter under Article 575 of the Penal Code, which punishes with a sentence of no less than 21 years anyone who intentionally kills a human being without a specific motive and without premeditation. The new Article 577-bis, instead, punishes with life imprisonment anyone who kills a woman for a specific motivation related to the emotional or sentimental relationship connecting perpetrator and victim.
Thus, the punitive framework changes radically, including in the practical judicial application of penalties against those who kill the woman they once loved. Under the general manslaughter statute (Art. 575 c.p.), the presence of mitigating circumstances can significantly reduce the sentence—such as invoking provocation (Art. 62 No. 2 c.p.), where the perpetrator claims to have reacted to provocations from the victim (e.g., insults or threats to take the children away), or diminished mental capacity (Art. 89 c.p.), often used to challenge premeditation. Combined with the abbreviated trial procedure, the sentence could even be reduced to around 10 years, allowing early release through good-behavior permits and alternative measures.
The new legislation not only drastically increases penalties but also limits the mitigating impact of attenuating circumstances. It provides that the minimum penalty for femicide cannot be less than 21 years when a single mitigating factor applies, and not less than 15 years when multiple mitigating factors are present—thus ensuring a long and severe custodial sentence.
Comparison Between the Former and the New Legal Framework on Femicide
The punitive structure therefore changes profoundly, as shown in the comparative table that follows:
|
Voluntary Manslaughter |
Femicide |
|
|
base imprisonment sentence |
not less than 21 years |
life imprisonment |
|
a common mitigating circumstance |
one-third reduction (arts. 62–65 Italian Penal Code) |
not less than 24 years |
|
multiple mitigating circumstances |
sentence not less than one-quarter reduction (art. 67 Italian Penal Code), rarely lower than 10 years |
not less than 24 years |
|
plea bargaining |
not permitted |
not permitted |
|
abbreviated trial |
one-third reduction |
30 years |
A sentence this severe should serve an effective retributive and preventive function: the certainty of punishment can indeed reduce the risk of reoffending and act as a deterrent.
Prospects and Critical Issues of This Reform
In recent years, cases of femicide and extreme violence against women have remained alarming. The new law introduces a crucial distinction into the criminal justice system: not all lives are equal when a crime stems from gender-based discrimination.
With the introduction of the offense of femicide and accompanying measures of prevention, protection, and public awareness, the State sends a clear message: violence against women is not a private matter but a social emergency that concerns the entire community.
Despite this important step forward, the effectiveness of the law will depend on how it is implemented. To make the reform truly impactful, concrete resources and adequate training for national and local police forces, judges, and social workers are essential. Moreover, a strict punitive system—acting only after the harm has occurred—is not sufficient: it is also necessary to promote a culture of prevention and respect, addressing sexist stereotypes and mindsets at their root.
NOTE
[1] Law 181/2025, art. 1 “1. The following amendments are made to the Penal Code: a) after Article 577, the following is inserted: ‘Art. 577-bis (Femicide). — Anyone who causes the death of a woman when the act is committed as an act of hatred, discrimination, domination, or as an act of control, possession, or subjugation because she is a woman, or in relation to the woman’s refusal to establish or maintain an emotional relationship, or as an act limiting her individual freedoms, shall be punished with life imprisonment. In cases not covered by the first paragraph, Article 575 shall apply. 2. The aggravating circumstances set forth in Articles 576 and 577 shall apply. 3. When a single mitigating circumstance applies, or when a mitigating circumstance concurs with one of the aggravating circumstances referred to in the second paragraph and the mitigating circumstance is deemed prevalent, the sentence shall not be less than twenty-four years. 4. When multiple mitigating circumstances apply, or when multiple mitigating circumstances concur with one of the aggravating circumstances referred to in the second paragraph and the mitigating circumstances are deemed prevalent, the sentence shall not be less than fifteen years.“
[2] Penal Code, Art. 575 (Homicide) “1. Anyone who causes the death of a person shall be punished with imprisonment for no less than twenty-one years.”
[3] Penal Code, Art. 577-bis (Femicide) “1. Anyone who causes the death of a woman when the act is committed as an act of hatred, discrimination, domination, or as an act of control, possession, or subjugation because she is a woman, or in relation to the woman’s refusal to establish or maintain an emotional relationship, or as an act limiting her individual freedoms, shall be punished with life imprisonment. In cases not covered by the first paragraph, Article 575 shall apply.”
[4] Penal Code, Art. 577-bis, Paragraph 3 “When a single mitigating circumstance applies, or when a mitigating circumstance concurs with one of the aggravating circumstances referred to in the second paragraph and the mitigating circumstance is deemed prevalent, the sentence shall not be less than twenty-four years.”
[5] Penal Code, Art. 577-bis, Paragraph 4 “When multiple mitigating circumstances apply, or when multiple mitigating circumstances concur with one of the aggravating circumstances referred to in the second paragraph and the mitigating circumstances are deemed prevalent, the sentence shall not be less than fifteen years.”
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