Judgment No. 26549 of 2023: Territorial Jurisdiction in Family Maltreatment Cases

Judgment No. 26549 of 2023, issued by the Court of Cassation, offers an important interpretation regarding territorial jurisdiction in family maltreatment offenses. This issue is of particular relevance, given the need to ensure adequate protection for victims and to ensure that criminal proceedings take place in the correct competent court.

Legal Maxim

Territorial Jurisdiction - Family Maltreatment - Conduct Continuing After Offense Completion - Relevance. In matters of territorial jurisdiction, the consummation of the crime of family maltreatment must be considered to have occurred at the place where the last conduct constituting the offense took place, even if such conduct occurs after the offense has been perfected pursuant to Article 572 of the Criminal Code.

This maxim clarifies that, even after the offense has been perfected, the place where the last act of maltreatment occurs is of crucial importance in determining the court's jurisdiction. In other words, if maltreatment continues after the offense has already been established, the competent court will be the one where the last criminal action is carried out.

Legal and Jurisprudential References

The decision is based on the provisions of Article 572 of the Criminal Code, which defines family maltreatment, and on the New Code of Criminal Procedure, particularly Article 8, which deals with territorial jurisdiction. The Constitutional Court has also reiterated the importance of a correct interpretation of the law, citing previous case law that emphasizes the continuity of the defendant's behavior.

• Judgment No. 24206 of 2019, Rv. 276752 - 01
• Judgment No. 2979 of 2021, Rv. 280590 - 01
• Judgment No. 36132 of 2019, Rv. 276785 - 01

Conclusions

Judgment No. 26549 of 2023 represents a significant step in Italian jurisprudence on family maltreatment. It highlights the importance of considering the continuation of illicit conduct for the purposes of territorial jurisdiction, thereby ensuring that victims can find justice in the most relevant location. This approach not only strengthens victim protection but also ensures a more effective application of the law, making criminal proceedings more accessible and just.