Analysis of Judgment No. 25964 of 2023: The Absorption of Mistreatment in Homicide

Judgment No. 25964 of March 2, 2023, issued by the Court of Cassation, offers significant insights for understanding the absorption of crimes in the context of homicide, particularly regarding mistreatment of family members or cohabiting partners. This principle, already addressed in previous case law, finds new confirmation in this decision.

The Legal Principle of Absorption

The Court established that the absorption of mistreatment into the crime of homicide does not require a connection between the two crimes, but is based solely on the spatial-temporal context of the events. In other words, to configure the absorption of the crime of mistreatment into that of homicide, it is sufficient that the two events occurred within the same spatial and temporal context.

The absorption in the crime of homicide aggravated by having been committed in the course of mistreatment against family members or cohabiting partners of the further crime referred to in Article 572 of the Penal Code is subject only to the spatial-temporal context between the facts, without the necessity of a connection between them.

Legal References and Practical Implications

This decision is based on various provisions of the Penal Code, particularly Articles 572 (mistreatment), 575 (homicide), and 576 (aggravating circumstances). It is important to note that previous case law, such as judgments No. 16578 of 2003 and No. 12680 of 2008, had already indicated the need for a similar approach, but Judgment No. 25964 further clarifies the contours of this principle.

  • Spatial-temporal context as a sufficient criterion for absorption.
  • Absence of necessity for a connection between the crimes.
  • Recognition of the severity of mistreatment in family contexts.

Conclusions

Judgment No. 25964 of 2023 represents an important legal clarification regarding homicide and mistreatment. The simplification of the absorption criterion, based on mere contextuality, offers a new perspective for legal professionals and underscores the importance of adequate protection for victims of domestic violence. With this decision, the Court of Cassation reaffirms its commitment to ensuring justice in situations of severe violations of human rights, such as mistreatment within the family.

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