Memorandum of understanding for vulnerable victims

By signing the Memorandum of understanding aimed at collaboration for the implementation of joint actions in favor of vulnerable victims, the Public Prosecutor's Office at the Ordinary Court of Milan, the Municipality of Milan and the Prefecture of Milan since the first months of 2017 to monitor the implementation of the planned actions, they have established a guarantee figure.

To implement the objectives contemplated in the Memorandum of Understanding, a Joint working table between the three institutions, autonomous and independent, chaired by a Third Guarantor identified by mutual agreement between the parties in the person of Dr. Pietro Forno.

With the signing of the Memorandum of Understanding aimed at collaboration for the implementation of joint actions in favor of vulnerable victims, the Public Prosecutor's Office at the Ordinary Court of Milan, the Municipality of Milan and the Prefecture of Milan, since the first months of 2017, to monitor the implementation of the actions envisaged therein, they have established a guarantor figure.

In fact, to implement the objectives contemplated in the Memorandum of Understanding, a joint working table was set up between the three Institutions, albeit autonomous and independent, chaired by a Third Guarantor, identified by mutual agreement between the parties, in the person of Dr. Pietro Forno.

By signing the Protocol, the Parties committed, according to their respective institutional areas of competence and within the limits of available resources, to develop and promote activities aimed at:

  • promote initiatives of mutual interest aimed at combating criminal activities against vulnerable victims, in particular through training activities in schools;
  • promote the comparison between complementary disciplines for the integration of knowledge and scientific knowledge, making use of existing services (Detachment of a criminologist, Center for restorative justice and mediation within the Education Directorate of the Municipality of Milan);
  • promote the understanding, collection and study of qualitative and quantitative data relating to the evolution and phenomenology of every form of crime affecting vulnerable victims;
  • promote awareness among potential victims, businesses and private citizens, of cooperation opportunities, risks and damage prevention and reduction methodologies, according to their respective institutional areas of competence and availability, also through:
  1. establishment of a physical desk and a "toll-free number",
  2. psychological, medical and health care,
  3. legal assistance,
  4. written information, also making use of translation services into the most useful foreign languages;
  • extend the mediation activities already implemented by the Municipality of Milan, also in reference to the sector of family conflict, through: the Adolescent Educational Service (SEAD), the Center for restorative justice and mediation, the Centro Genitori Ancora (GEA) , the psycho-traumatological support service for crime victims, the social and penal mediation service and the territorial criminological unit;
  • extend the experience and related use of the Fund for victims of cybercrime to all vulnerable victims, through the renaming of the same as "Fund for vulnerable victims" and the strengthening of the educational contents inherent in the preventive activities that the Municipality of Milan will organize , in agreement with the Prosecutor's Office, on the territory of the Metropolitan City;
  • make the training offer of the course structural - mainly online - on the topics of crimes against vulnerable victims, aimed at justice workers and the Police Forces of the district of the Court of Appeal of the Court of Milan as well as also supporting activities of prevention in schools and in the municipal area, to be used via an IT platform managed in cooperation between the Public Prosecutor's Office, the Information Systems Directorate and the Education Directorate of the Municipality of Milan;
  • encourage the implementation, management and use of the IT software, already in use by the Local Police of the Municipality of Milan (and until now intended for the mapping of so-called "street" sexual violence committed in the territory of the Milan district, to their analysis and the identification of serial authors).

The Guarantor of the Memorandum of Understanding is the Dr. Pietro Forno, former magistrate, former Deputy Prosecutor at the Public Prosecutor's Office of Turin and at that of Milan as coordinator of the group of magistrates who prosecute crimes against vulnerable groups, as well as Public Prosecutor of Milan since 16 November 2015; author of numerous articles and texts on the subject.

The Guarantor draws up a Annual report on the state of implementation of the Memorandum of Understanding and on the use of the sums of the "Fund for vulnerable victims" and the different economic resources identified in the Memorandum of Understanding.
 

Delivery
Via Ugo Foscolo, 5 (3rd floor - staircase A) - 20121 Milan (M1/M3 - Duomo stop)

Contacts
Tel. 02 884.48194 - pietro.forno@comune.milano.it

With the legislative decree no. 212 of 15 December 2015, the Directive is implemented in our legal system 2012/29/EU of the European Parliament and of the European Council on the rights, assistance and protection of victims of crime. 

The Directive establishes minimum standards that Member States are required to observe in order to improve national legislation and support measures for victims of crime. First of all, the concept of "victim" is expanded to include not only the person offended by the crime but also her family members.  

Victim protection is based on three pillars: information and support, participation in criminal proceedings, general and specific protection

The first pillar concerns a prodromal phase of the criminal proceedings and is aimed at giving the victim awareness of the rights he or she holds so that there is greater awareness of the activities that will be carried out during the proceedings. Alongside the right to information, there is also a need to provide support to the victim during criminal proceedings. 

The second pillar establishes the rights of the victim during criminal proceedings: in this sense, an innovative element is given by the possibility of making use of restorative justice procedures (for example, mediation).

Finally, the victim must be protected in order to avoid further victimisation. This protection must be both general and specific depending on the specific case. Indeed, it is necessary to have an individual assessment of the victim's personality, also in relation to the type of crime suffered, in order to guarantee adequate protection. 

The rights listed by the Directive are effective only if knowingly exercised by the victim. However, not all victims, particularly vulnerable ones, have sufficient legal training to fully exercise their rights. For this reason, the European legislator has taken steps to formulate specific rules for the so-called "operators", people who, due to their professional activity, come into contact with the victim. In this perspective, the Guarantor of the Memorandum of Understanding aims to provide assistance to vulnerable victims and make them aware of their rights. 

Updated: 13/03/2023