Family Abuse: The Recent Supreme Court Ruling and Its Implications

Ruling no. 33986 of September 6, 2024, by the Court of Cassation represents an important decision in the field of crimes against individual liberty, particularly concerning family abuse. This ruling offers food for thought on victims' rights and the importance of correctly charging offenses. The Court upheld the conviction of A.A. for stalking against B.B., emphasizing certain legal aspects of fundamental importance.

Context of the Ruling

The case originated from criminal proceedings initiated in Vercelli, where A.A. was convicted of abuse, specifically for publishing two posts on Facebook that harmed the dignity and peace of mind of the victim. It is interesting to note how the appellant raised various grounds for appeal, including the alleged violation of law regarding the classification of the facts and the absence of the subjective element of the crime.

The Court clarified that the principle of correlation between the charge and the conviction ruling is respected even when judges consider different factual contexts, provided they are relevant to the object of the charged offense.

Appellant's Objections and the Court's Responses

The appellant argued that the charged facts did not fall under the indictment, lamenting a potential conflict between judgments. However, the Court deemed the grounds for appeal inadmissible, clarifying that issues not raised in the appeal grounds cannot be considered. In particular, it was highlighted that A.A.'s conduct had a clear stalking capacity, negatively impacting the victim's life.

• The Court reiterated that even just two instances of threats or harassment can constitute the crime of stalking.
• It was recognized that the subjective element is integrated by general intent, without the need for premeditation.
• The possibility that the victim did not have direct access to the published posts does not exclude the defendant's liability.

Conclusions

Ruling no. 33986 of the Court of Cassation offers an important reflection on how family abuse offenses are handled by the Italian legal system. It underscores the need for correct and precise charging of offenses, highlighting that even seemingly isolated behaviors can constitute stalking conduct. Furthermore, the ruling reaffirms the importance of protecting the dignity and rights of victims of abuse, in a legal context that must increasingly focus on the protection of the most vulnerable individuals.