Judgment No. 34412 of 2023: Stalking and Irrevocability of the Complaint

Judgment No. 34412 of May 11, 2023, issued by the Court of Cassation, offers an important reflection on the delicate issue of stalking and the irrevocability of the complaint. This legal ruling highlights how the seriousness of threats does not necessarily need to be specifically contested but can be assessed based on the overall description of the alleged conduct.

The Legal Context of the Judgment

The Court annulled the decision of the Court of Appeal of Naples without referral, emphasizing that the seriousness of repeated threats must be assessed by the judge based on the detailed description of the conduct indicated in the indictment. This aspect is of fundamental importance in criminal law, as it clarifies the judge's role in discerning the seriousness of offenses without the need for further specification by the prosecution.

Stalking - Irrevocability of the complaint - Prerequisite - Repeated and serious threats - Specific contestation - Necessity - Exclusion - Reasons. In the context of stalking, for the irrevocability of the complaint, it is not necessary for the seriousness of repeated threats to be specifically contested, as it does not constitute an aggravating circumstance but a mode of carrying out the conduct. (In its reasoning, the Court specified that the seriousness of the threats is left to the judge's assessment and must in any case be derivable from the complete description of the conduct in the indictment).

Practical Implications of the Judgment

This judgment has several practical implications. Firstly, it simplifies the position of the injured party, as they are no longer obliged to specifically prove the seriousness of the threats. On the other hand, it requires legal professionals to pay greater attention when drafting indictments, to ensure that the description of the conduct is sufficiently detailed to allow the judge to make an adequate assessment.

• Clarity in drafting indictments
• Judge's assessment based on overall description
• Recognition of the injured party's right

Conclusions

In conclusion, Judgment No. 34412 of 2023 represents a significant step in Italian jurisprudence regarding stalking. It clarifies that the assessment of the seriousness of threats does not require specific contestation but must derive from the overall description of the conduct. This principle, in addition to simplifying the position of the injured party, underscores the importance of a correct and detailed presentation of facts in the indictment, thereby ensuring greater protection for victims of stalking behavior.