Attempted Extortion Against Relatives: Comment on Judgment No. 49651 of 2023

The recent judgment No. 49651 of October 19, 2023, by the Court of Cassation addressed a delicate and significantly interesting issue in Italian criminal law: the prosecutability upon complaint in cases of attempted extortion among relatives. This case not only clarifies the application of Article 649 of the Penal Code but also offers important reflections on family dynamics and the violence that can manifest in private contexts.

The Legal Context of the Judgment

The Court annulled without referral the decision of the Court of Catanzaro, establishing that the prosecutability upon complaint provided for by Article 649 of the Penal Code also applies in cases where threatening conduct is carried out through violence against property. In this instance, the defendant had damaged the car of his non-cohabiting sister, an act that, while aimed at intimidation, had not been formally reported by the victim.

PUNISHABILITY - Attempted extortion against relatives - Prosecutability upon complaint pursuant to Article 649 of the Penal Code in case of threats carried out through damage to objects - Existence - Case. In the matter of attempted extortion against relatives, the prosecutability upon complaint provided for by Article 649 of the Penal Code applies even in cases where threatening conduct is carried out through violence against property. (Case in which the defendant had damaged the car of his non-cohabiting sister).

Implications of the Judgment

This judgment has significant implications for criminal law. Firstly, it reiterates the principle that violence, even if directed at material goods, can constitute a threat within the family context. Moreover, the recognition of prosecutability upon complaint in such circumstances indicates that the legislator intends to protect family relationships, ensuring that victims of such conduct can exercise their right to report.

  • Violence against property as a tool of intimidation.
  • The necessity of a complaint to proceed criminally.
  • Reflections on family dynamics and their legal protection.

Conclusions

Judgment No. 49651 of 2023 represents an important step in Italian jurisprudence regarding attempted extortion among relatives. It not only clarifies the application of the law in situations of domestic violence but also invites reflection on the importance of a legal system that protects the most vulnerable members of families. It is crucial, therefore, that victims of such acts feel empowered to report, so that the law can fulfill its role of protection and justice.

Bianucci Law Firm