Prohibition of Proximity to the Victim: Commentary on Sentence No. 24351 of 2023

Sentence No. 24351 of April 28, 2023, represents an important step in Italian case law regarding personal precautionary measures, particularly the prohibition of proximity to the victim. This ruling, deposited on June 6, 2023, offers a clear interpretation of Article 282-bis of the Code of Criminal Procedure, highlighting the crucial role of protective measures for victims of violent crimes.

The Legal Context

The prohibition of proximity is a measure adopted to ensure the safety of victims, often in situations of domestic violence or stalking. The judgment in question clarifies that this prohibition is considered an ancillary prescription to the removal from the family home, as provided by paragraph 2 of Article 282-bis of the Code of Criminal Procedure. The importance of this measure lies in its ability to protect victims, creating a necessary safety margin for their well-being.

Prohibition of proximity to the victim - Ancillary prescription to the removal from the family home pursuant to Article 282-bis, paragraph 2, Code of Criminal Procedure - Admissibility. The prohibition of proximity to the victim falls among the ancillary prescriptions for the removal from the family home that Article 282-bis, paragraph 2, Code of Criminal Procedure, grants the judge the power to shape the measure through the indication of the relevant modalities and limitations.

Analysis of the Ruling

The Court reiterated the admissibility of the prohibition of proximity as a necessary tool to ensure effective protection for victims. Article 282-bis, paragraph 2, grants the judge the authority to establish the modalities and limitations of this measure, thus allowing for customization that takes into account the specific circumstances of each case. This aspect is fundamental, as it allows for the adaptation of protective measures based on the needs and situations of the individuals involved.

  • The prohibition of proximity can also be extended to specific locations.
  • The judge may assess the risk of recidivism and the severity of the situation.
  • The implementation modalities can be modified over time based on the evolution of the case.

Conclusions

Sentence No. 24351 of 2023 offers a clear and detailed view of the importance of the prohibition of proximity as a protective measure for victims. The possibility for the judge to customize ancillary prescriptions represents a significant step forward in the protection of victims of violence. Precautionary measures, such as those addressed in this ruling, aim not only to punish the offender but also to ensure a safe environment for those who have suffered abuse, highlighting the centrality of the victim in the Italian legal system.

Bianucci Law Firm