Family Abuse: Commentary on Judgment Cass. pen., Section VI, No. 21111/2023
Judgment No. 21111 of May 17, 2023, by the Court of Cassation, Sixth Criminal Section, highlights the complexity of abuse cases, particularly those involving minors. The defendant, A.A., a kindergarten teacher, was convicted for engaging in violent and humiliating behavior towards children, sparking a heated debate on responsibility and methods of proof in such contexts.
Context of the Judgment
The Court of Appeal of Turin had upheld A.A.'s conviction for abuse, based on video evidence and testimonies. The appeal filed by the teacher was based on five grounds, all rejected by the Court of Cassation, which reiterated the seriousness of the conduct and its habitual nature.
- Habitually violent and humiliating conduct
- Importance of video evidence and the reactions of minors
- Recognition of responsibility even in the absence of overt signs of distress
Analysis of the Grounds for Appeal
The first ground of appeal alleged flaws in the reasoning regarding the objective element of the crime, arguing that the judges had exclusively considered video recordings. However, the Court clarified that the interpretation of evidence is the responsibility of the trial judges. It is crucial, in fact, that the agent's behavior is capable of causing suffering, even if not directly manifested by the minors.
The crime of abuse is not a crime of outcome, but of conduct.
The second ground focused on the lack of intent, arguing that A.A. acted in a difficult context. The Court rejected this argument, emphasizing that the awareness of violence as an educational tool was implicit in the profession.
Conclusions
Judgment No. 21111/2023 offers an important lesson on the responsibility of educators and the protection of minors. It emphasizes that, even in the absence of overt reactions, objectively abusive behavior is criminally relevant. This principle is crucial for ensuring the protection of the most vulnerable and for questioning educational methods that can escalate into violence.
