Right to Access a Lawyer for Victims of Domestic Violence: The Example of Italian Criminal Justice

Abstract

The chapter aims to address the main issues concerning legal aid in Italian criminal proceedings related to domestic violence offences. Following an overall consideration of these offences, the chapter analyzes the specific possibilities for accessing free legal aid. In this regard, it examines critical points raised by the Italian legislative system, which concern eligibility for this benefit. The discussion focuses specifically on an important 2021 decision of the Italian Constitutional Court. In this context, the rationale underlying legal aid is also analyzed. After exploring some general criminal and procedural perspectives, the chapter offers an overview of supranational sources, including the Istanbul Convention, the European Convention on Human Rights and European Union Directives.