Kidnapping and Child Abduction: The Supreme Court Rules (Cass. pen., Sez. V, 20/09/2001)

The recent ruling by the Court of Cassation, Section V, dated September 20, 2001, offers important food for thought regarding the legal complexity surrounding the crime of kidnapping in relation to child abduction. The judgment clarifies how these two criminal offenses can coexist, without one absorbing the other, and how each protects distinct legal rights.

Kidnapping and Child Abduction: Definitions and Implications

Kidnapping, governed by Article 605 of the Italian Penal Code, consists of taking possession of a person against their will, depriving them of their personal liberty. On the other hand, child abduction, regulated by Article 574 of the Italian Penal Code, concerns the conduct of someone who abducts a minor from the custody of those who have the right to it. The judgment in question clarifies that both crimes can occur simultaneously, as each of them pursues the protection of different legal interests.

Reasons for the Coexistence of the Crimes

The Court of Cassation has emphasized that, in cases of kidnapping and child abduction, the unlawful conduct can infringe upon:

• The right of the custodian to keep the minor in their care;
• The minor's right to personal liberty, understood as the possibility of movement.

The coexistence of kidnapping and child abduction does not imply that one absorbs the other, but requires a distinct assessment of each crime.

This distinction is essential, as both norms aim to protect fundamental rights. Indeed, the protection of the minor's personal liberty must be guaranteed, as well as the right of custody by the person entrusted with it. In this context, Italian jurisprudence aligns with principles of human rights protection, such as those enshrined in the European Convention on Human Rights.

Conclusions

The Cassation ruling of September 20, 2001, represents an important key to understanding the legal dynamics between kidnapping and child abduction. The implications of this decision are significant for legal professionals, as they invite careful consideration of the circumstances of each case. The need to protect distinct but coexisting rights must guide the interpretation and application of criminal laws in this matter.