Whoever causes the death of a man (a person!) shall be punished with imprisonment of not less than twenty-one years. by Giovanni Di Stefano CEO – Studio Legale Internazionale.
ROME/MONACO:13.01.2025
It is with great concern and determination that, fifteen years after my petition to the Italian Parliament pursuant to Article 50 of the Constitution, I renew my request for legislative intervention to amend Article 575 of the Criminal Code, replacing the term “man” with “person.”
This amendment is necessary to eliminate a linguistic and legal ambiguity that could generate unacceptable consequences in today’s context.
Article 575 currently states: “Whoever causes the death of a man is punished with imprisonment of not less than twenty-one years.” The exclusive use of the term “man” reflects an anachronistic conception of the crime of homicide, introduced during the fascist regime with the Rocco Code of 1930.
At that time, the presence and recognition of women in public life was significantly limited, and the legislative language of the time bears witness to this.
A dangerous gap in the law. In strictly legal terms, the use of the term “man” could theoretically create a regulatory vacuum.
It could be argued, de jure, that the murder of a woman is not fully covered by the article, given that the text explicitly refers only to “man.”
This interpretation, however absurd it may seem, highlights the need for an update of the text to reflect the evolution of legal language and society.
The lack of a legislative fix leaves the door open for potential defense arguments in court, especially in homicide cases where the victim is a woman.
This risk is unacceptable in a society committed to ensuring justice and protection for all, regardless of gender.
The proposed amendment
In 2010, I submitted an official petition to the Italian Parliament, calling for the replacement of the term “uomo” with “persona” in key articles of the Penal Code, including Article 575.
This seemingly simple amendment has been discussed several times but has never been approved.
A dossier of the Chamber of Deputies of 2015 (AC 1565) recognized the importance of this change, underlining how the term “person” is already used in other criminal provisions to indicate the passive subject of the crime.
Despite this, the legislator has not yet adopted a definitive measure. This inertia is a worrying sign of the lack of priority given to an issue of legal equity and protection against all forms of violence.
An appeal to women's associations and civil society
Today I renew my appeal to all women’s associations, human rights organisations and civil society let’s put pressure on Parliament to urgently intervene to fill this legislative gap.
It is not just a question of language, but of ensuring that Italian law effectively protects every human life, without distinction of gender.
Italy must demonstrate that it is possible to overcome the legacies of its fascist past and adapt its legal system to contemporary values of equality and inclusiveness.
Women, today more than ever, deserve explicit and unequivocal protection against all forms of violence.
Conclusion
Murder is the most serious crime against human dignity, and the law must be clear and understandable for everyone.
Amending Article 575 is not just a symbolic act, but a necessary step to ensure justice and equality.
I urge Parliament not to delay further and to proceed with this important legislative reform.
Giovanni Di Stefano International Law Firm
www.studiolegaleinternazionale.online
Photo by Sammy-Sander from Pixabay
Originally published on Progetto Radici Italy on 13 January 2025
https://www.progetto-radici.it/2025/01/14/omicidio-art-575-cp-sostituire-uomo-persona/
