Warning by the Questore

Warning by the Questore

It’s a preventive measure that only the Questore can adopt. It aims at providing victims of stalking, domestic violence and cyberbullying with swift and early protection without the need to initiate a criminal proceeding.

In practice, the Questore warns the person involved against further engaging in harassment or violence. At the same time, the warning allows the Questore to adopt measures aimed at taking away the subject’s weapons.

Warning by the questore In case of stalking

• It can be applied for by the victim of stalking as long as a charge has not been filed for the same crime Remember: it’s not a criminal proceeding
• Go to a police station and report the facts
  You need to give a detailed account of all the incidents occurred -- bodily harm, battery, phone calls, surveillance, text messages – that can point to a clear persecutory intent
  You don’t need a lawyer
• Your information is assessed in a short time and the subject of the requested warning will be formally asked to adopt a conduct in line with the law.
• If after a warning has been issued the subject persists with persecutory acts, ex officio proceedings are initiated. 
• What are the advantages of obtaining a warning?
  -The possibility to initiate ex officio proceedings in case of persistent persecutory acts
  -Speed in issueing the warning

Insights

Persecutory acts usually consist in tailing, vexing calls, surveillance outside the home and the working place, threats, damage to the victim’s car and/or other assets. They occur mainly when a love relationship is over and sometimes after a couple gets separated.
The warning linked to persecutory acts makes it possible to rapidly and gradually take action. It’s an alternative to filing a charge.
The application for a warning can be filed with any police station.

The victim needs to give a detailed account of the incidents and apply to the Questore for the issueing of a warning against the author of the persecutory acts. The Questore will first collect information – if necessary, summoning the alleged stalker and the persons informed about the facts - and then decide whether to reject or accept the application. In case the warning is issued, the subject will be cautioned against persisting in his/her behaviour.

Warning by the questore in case of domestic violence

• It can be applied for by the victim or be issued by the Questore on her/his own accord
• Remember: it’s not a criminal proceeding
  Go to a police station and report the facts
  You need to give a detailed account of all the incidents occurred -- bodily harm, battery, etc.You don’t need a lawyer
• Your information is assessed in a short time and the subject of the requested warning will be formally asked to adopt a conduct in line with the law.
• What are the advantages of obtaining a warning?
  -Anonimity
  -Speed in issueing the warning

Insights

The warning can be issued in relation to domestic violence under art. 3 of Decree Law 93/13 as long as the acts committed

• fall into the scope of assault and battery (art. 581 of the criminal code) or actual bodily harm (art. 582, subsection 2 c.c.), either committed or attempted;
• are perpetrated in the framework of domestic violence defined by the law as ‘one or more serious and not episodic acts of physical, sexual, psychological or economic abuse occurring within the family or between persons who have been or still are married or in a loving relationship. Present or past cohabitation with the victim is not a relevant factor.’

These are the offences often dealt with by police patrol units responding to violence emergency calls. They are low-level offences that can be the early signs of more serious crimes, for which the legislator has established preventive protection instruments.
Unlike with the warnings related to persecutory acts or cyberbullying, in these cases it is possible to proceed ex officio, without the victim’s application.
Only in these cases can the Questore ask the Prefetto [chief administrative officer in a province] to suspend the warned subject’s driving license for 1 to 3 months.

 

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