Commentary on Judgment No. 39341 of 2023: Conditional Suspension of Sentence and Gender Violence

Judgment No. 39341 of June 26, 2023, issued by the Court of Cassation, offers an important reflection on the measures to be taken against those who commit domestic or gender-based violence offenses. In particular, it analyzes the rehabilitative obligations provided for by Article 165, fifth paragraph, of the Italian Penal Code, introduced by the so-called "Red Code." This article establishes that the conditional suspension of the sentence for such offenses is subject to participation in specific rehabilitation programs.

Rehabilitative Obligations under Art. 165, Fifth Paragraph, Italian Penal Code

The judgment clarifies that the obligation to participate in treatment programs for perpetrators of domestic violence offenses has a special-preventive content. This means that it is not a mere reparation of damage, but an intervention aimed at preventing recidivism, through the rehabilitation of the individual with the help of experts. The primary objective is to avert the risk that such violent behaviors may be repeated.

• Participation must be in specific programs for gender violence.
• General programs for addiction recovery are not considered sufficient.
• Denial of the conditional suspension benefit is legitimate if these requirements are not met.

"Red Code" Offenses of Domestic or Gender Violence - Rehabilitative Obligations under Art. 165, Fifth Paragraph, Italian Penal Code - Assimilation to Other Reparative Obligations - Exclusion - Consequences - Participation in General Addiction Treatment Programs - Denial of Benefit - Legitimacy - Case Law. Regarding the conditional suspension of sentence, the obligation to participate in the rehabilitative programs referred to in Article 165, fifth paragraph, of the Penal Code, introduced by Article 6, paragraph 1, of Law No. 69 of July 19, 2019 (the so-called "Red Code"), to which the recognition of the benefit for perpetrators of domestic or gender violence offenses is subject, has a special-preventive content entirely different from other forms of reparation contemplated by the same Article 165. It is aimed at averting, through the rehabilitation of the individual and with the help of experts, the danger of recidivism with respect to such offenses. Therefore, the denial of the benefit is legitimate in case of participation in addiction recovery programs (in this case, toxicological and alcoholic) lacking the aforementioned specificity requirements.

Conclusions

Judgment No. 39341 of 2023 represents a significant step in the fight against gender violence, emphasizing the importance of specific and targeted interventions for the treatment of perpetrators of such offenses. It is essential that the legal system continues to prioritize the prevention of recidivism, ensuring that rehabilitation programs are adequate and relevant. Only in this way can a positive change in society truly be contributed to.