Illegal Interference in Private Life: Analysis of Judgment No. 24848 of 2023

The recent ruling of the Court of Cassation No. 24848 of May 17, 2023, deposited on June 8, 2023, addresses a matter of significant importance in family law and criminal law, concerning access to the home of the separated spouse and the legality of recording videos within it. This ruling clarifies the limits of potentially intrusive behaviors in private life, providing an important interpretation of Article 615-bis of the Penal Code.

The Legal Context of the Judgment

The central issue concerns the behaviors of a separated spouse granted temporary access to the home of the other spouse. In particular, the Court established that video recording scenes of private life without consent does not constitute the crime of illegal interference in private life. In fact, Article 615-bis of the Penal Code safeguards residential privacy, but it applies only to those who are outsiders to private life acts, not to those, as in this case, who have legitimate access to the residence.

A separated spouse granted temporary access to the home of the other spouse - Video recording scenes of private life within the residence in the absence of consent - Crime of illegal interference in private life - Configurability - Exclusion - Reasons. The conduct of one who, granted access to the residence of the separated spouse, films, without consent, the meetings between the latter and the minor child, does not constitute the crime of illegal interference in private life, as Article 615-bis of the Penal Code, which protects residential privacy, punishes the conduct of those who are outsiders to the acts - subject to interception - of private life, that is, to the acts or events of the person in a private place and not that of someone who has been admitted, even temporarily, to be part of it.

The Implications of the Judgment

This judgment has several practical implications for separated spouses. First, it clarifies that the possibility of recording videos inside the spouse's home is not automatically considered a violation of privacy when the person recording has been legitimately admitted. However, it is crucial that access is temporary and does not involve an abuse of trust. Furthermore, it is important to consider the legal consequences related to the recording of minors, which require special attention to protect their rights and privacy.

  • Recognition of the right of access for the separated spouse
  • Exclusion of the configurability of the crime of illegal interference
  • Need for explicit consent for video recording, especially with minors

Conclusions

Judgment No. 24848 of 2023 represents an important step forward in defining the boundaries between the right to privacy and family dynamics. It emphasizes how legitimate access to a residence can entail specific rights and duties, and how respect for privacy must remain central in family relationships. Understanding these dynamics is essential for anyone managing separation or divorce situations, so that the rights of all, particularly the most vulnerable, such as minors, can be protected.

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