Italian Penal Code on personal arms and aggravating circumstances, Articles 582 and 583
According to art. 582 and 583 of the Criminal Code, genital mutilation could have been be considered severe and sentenced 3 to 7 years' imprisonment if it would have caused illness putting the victim's life at risk or producing a permanent weakening of a sense or an organ; or it could have been judged as 'very serious' and sentenced 6 to 12 years' imprisonment if it would have caused loss in using one organ and reproductive capacity
Applicability of the principle of extraterritoriality
Number of court cases
Meaningful court cases before the approval of Law n°7/2006. Judgment on 25 November 1999 from the Milano's Court was symbolic: an Egyptian citizen who brought his daughter to Egypt to be infibulated without informing his Italian wife. He was condemned to 2 years' imprisonment for having pursued serious personal bodily harms, punishment suspended for being granted extenuation and plea bargain.
Number of FGM cases registered with judicial authorities
A husband and a wife presented a statement to the Public Prosecutor Office in Milano against the Head of an Islamic Centre and two medical doctors (from Algeria and Ethiopia) who practiced infibulation on a 6 months baby girl. Another more complex case was the one of a Nigerian girl who was subjected to FGM in a Nigerian Hospital and when in Italy started to have serious genital problems and her parents brought her to the Hospital in Turin. The Juvenile Court intervened and temporarily separated the girl from their parents to investigate on the family together with a cultural mediator: collected information were reassuring about a positive family and parental relation, as the parents has acted taking good care of the girl from Nigeria to the Hospital in Turin and their behaviour was explained by the Edo customary law (not punished by Nigerian local Courts) according to whom a girl who has not undergone FGM will not find a husband. A complain was lodged against parents but the case was dismissed. The Court was criticized for having separated the girl from her family causing her occasion for a further trauma: this case actually questions the relevancy of the application of art. 330 (loss of parental authority) and 331 of the Civil Code (preventive interventions in case of prejudicial parental behaviour) in cases of girls at risk of FGMs.
Brunelli (2007; Giordano & De Masellis (2011)
Date of entering into force