Judgment No. 49288 of 2023: Stalking and Defamation, A Competition of Crimes

Judgment No. 49288 of November 15, 2023, issued by the Court of Appeal of Catanzaro, addresses a highly relevant issue in criminal law: the concurrence between the crimes of stalking and defamation. This decision not only clarifies the configurability of such crimes but also offers reflections on how repeated harassment can be prosecuted criminally.

The Legal Context

The Court has established that the crime of stalking, as defined by Article 612-bis of the Penal Code, can concur with that of defamation, pursuant to Article 595. This legal configuration occurs even when the methods of the defamatory conduct include repeated harassment. This aspect is fundamental, as it highlights how behaviors that may seem isolated can actually constitute a more complex and serious crime.

Stalking - Defamation - Competition of crimes - Configurability - Existence. The crime of stalking concurs with that of defamation even when the methods of the defamatory conduct express repeated harassment constitutive of the crime provided for by Article 612-bis of the Penal Code.

The Relevance of the Judgment

This judgment fits into a broader legal context, where the legislator and the judiciary are striving to increasingly effectively protect victims of stalking and defamation. The Court referenced prior case law, such as judgments No. 51718 of 2014 and No. 29826 of 2015, which confirm the importance of considering the repetition of conduct as a distinctive element for the configurability of the crime.

  • Stalking: repeated harassment that harms individual freedom.
  • Defamation: communication of harmful facts regarding a person's reputation.
  • Competition of crimes: the possibility of prosecuting multiple unlawful conducts within the same proceeding.

Conclusions

In conclusion, judgment No. 49288 of 2023 represents a significant step in the fight against harassment and defamation. It emphasizes how seemingly separate behaviors can actually constitute a single unlawful conduct, punishable under different aspects. It is essential that victims of such crimes are aware of their rights and the legal protection options available to them. Current case law invites a profound reflection on how the law can respond to situations of psychological violence and defamation, ensuring adequate protection for those affected.

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