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Criminal Court n. 40888 of 2024: Domestic Violence and Conditional Suspension of the Sentence

The recent ruling of the Court of Cassation, no. 40888 of 2024, addresses a topic of great social and legal relevance: the conditional suspension of the sentence for the crime of domestic violence. In particular, the Court emphasized that such suspension must be conditioned upon participation in specific recovery programs, in line with the regulatory provisions introduced in recent years.

The Concrete Case and the Court's Decision

In the case examined, the Court of Cremona had sentenced A.A. to two years of imprisonment for mistreatment against his wife and three children. However, the contested ruling had granted the conditional suspension of the sentence without imposing participation in the recovery programs provided by Article 165, fifth paragraph, of the penal code. The Attorney General subsequently filed an appeal, requesting the annulment of the ruling.

The Court of Cassation accepted the appeal, highlighting the obligation of participation in recovery programs for those convicted of mistreatment offenses, as established by the legislator.

The Norms and European Guidelines

The ruling in question fits into a broader regulatory context aimed at protecting victims of domestic violence. Article 165, fifth paragraph, of the penal code was introduced with Law no. 69 of 2019, in accordance with European recommendations, including the Istanbul Convention. European norms establish the importance of intervention programs for perpetrators of violence, aimed at preventing recidivism and ensuring the safety of victims.

  • Obligation to participate in recovery programs.
  • Protection of victims as a priority.
  • Individualized assessment of programs.

Conclusions

In conclusion, ruling no. 40888 of 2024 represents a significant step in the fight against domestic violence. The Court of Cassation reiterated the importance of making the conditional suspension of the sentence contingent upon participation in recovery programs, thus highlighting the need for an integrated approach that considers both the accountability of offenders and the increasing protection of victims. This decision not only clarifies the application of national regulations but also underscores Italy's commitment to fulfilling international obligations regarding violence prevention.