Judgment No. 49288 of 2023: Stalking and Defamation, A Concurrence of Offenses

Judgment No. 49288 of November 15, 2023, issued by the Court of Appeal of Catanzaro, addresses a matter of great importance in criminal law: the concurrence between the offenses of stalking and defamation. This decision not only clarifies the configuration of such offenses but also offers food for thought on how repeated harassment can be prosecuted.

Legal Context

The Court established that the crime of stalking, provided for by Article 612-bis of the Criminal Code, can concur with that of defamation, pursuant to Article 595. This legal configuration occurs even when the methods of the defamatory conduct include repeated harassment. This aspect is fundamental, as it highlights how behaviors that may seem isolated can instead constitute a more complex and serious offense.

Stalking - Defamation - Concurrence of offenses - Configurability - Existence. The crime of stalking concurs with that of defamation even when the repeated harassment constituting the offense provided for by art. 612-bis of the Criminal Code is expressed in the methods of the defamatory conduct.

Significance of the Judgment

This judgment is part of a broader legal context in which the legislator and jurisprudence are seeking to protect victims of stalking and defamation more effectively. The Court referred to previous judgments, such as judgments No. 51718 of 2014 and No. 29826 of 2015, which confirm the importance of considering the repetition of conduct as a distinguishing element for the configuration of the offense.

• Stalking: repeated harassment that infringes upon individual liberty.
• Defamation: communication of facts that damage a person's reputation.
• Concurrence of offenses: the possibility of prosecuting multiple unlawful conducts within the same proceeding.

Conclusions

In conclusion, judgment No. 49288 of 2023 represents a significant step in the fight against harassment and defamation. It emphasizes how seemingly separate behaviors can actually constitute a single unlawful conduct, punishable under different facets. It is crucial for victims of such offenses to be aware of their rights and the legal protections available to them. Current jurisprudence calls for deep reflection on how the law can respond to situations of psychological violence and defamation, ensuring adequate protection for those affected.