Judgment No. 26549 of 2023: Territorial Jurisdiction in Domestic Violence Cases

Judgment No. 26549 of 2023, issued by the Court of Cassation, provides an important interpretation regarding territorial jurisdiction in the crimes of domestic violence. This issue is particularly relevant given the need to ensure adequate protection for victims and to ensure that criminal proceedings take place in the appropriate competent forum.

The Legal Principle

Territorial jurisdiction - Domestic violence - Conduct that continues after the crime is completed - Relevance. In terms of territorial jurisdiction, the commission of the crime of domestic violence must be considered to have occurred in the place where the last act constituting the crime takes place, even if it occurs after the completion of the offense pursuant to Article 572 of the Penal Code.

This principle clarifies that, even after the crime has been completed, the place where the last act of violence occurs is crucial for determining the competence of the court. In other words, if an act of violence continues after the crime has already been established, the competent forum will be where the last criminal action occurs.

Regulatory and Jurisprudential References

The decision is based on the provisions of Article 572 of the Penal Code, which defines domestic violence, and the New Code of Criminal Procedure, particularly Article 8, which deals with territorial jurisdiction. The Constitutional Court has also reaffirmed the importance of a correct interpretation of the norm, citing previous case law that emphasizes the continuity of the defendant's behavior.

  • Judgment No. 24206 of 2019, Rv. 276752 - 01
  • Judgment No. 2979 of 2021, Rv. 280590 - 01
  • Judgment No. 36132 of 2019, Rv. 276785 - 01

Conclusions

Judgment No. 26549 of 2023 represents a significant step in Italian case law regarding domestic violence. It highlights the importance of considering the continuation of illegal conduct for the purposes of territorial jurisdiction, thereby ensuring that victims can find justice in the most relevant location. This approach not only strengthens the protection of victims but also ensures a more effective application of the law, making criminal proceedings more accessible and fair.

Bianucci Law Firm