Domestic Abuse: The Recent Ruling of the Court of Cassation and Its Implications
The ruling no. 33986 of September 6, 2024, of the Court of Cassation represents an important decision in the field of crimes against individual freedom, particularly regarding domestic abuse. This decision provides insights into the rights of victims and the importance of properly contesting crimes. The Court confirmed the conviction of A.A. for stalking against B.B., emphasizing some legally fundamental aspects.
The Context of the Ruling
The case originated from a criminal proceeding initiated in Vercelli, where A.A. was convicted for domestic abuse, particularly for having published two posts on Facebook that harmed the dignity and serenity of the offended party. It is interesting to note how the appellant raised various grounds for appeal, including the alleged violation of law concerning the qualification of the facts and the absence of the subjective element of the crime.
The Court clarified that the principle of correlation between the charge and the conviction is respected even when judges consider different factual contexts, as long as they are relevant to the object of the contested crime.
The Appellant's Objections and the Court's Responses
The appellant argued that the contested facts did not fall within the charge, complaining of a potential conflict between judgments. However, the Court deemed the grounds for appeal inadmissible, clarifying that issues not raised in the grounds of appeal cannot be deduced. In particular, it was highlighted that A.A.'s conduct had a clear stalking capability, negatively affecting the victim's life.
- The Court reiterated that even two acts of threats or harassment can constitute the crime of stalking.
- It was acknowledged that the subjective element is fulfilled by general intent, without the need for premeditation.
- The possibility that the victim did not have direct access to the published posts does not exclude the defendant's liability.
Conclusions
The ruling no. 33986 of the Court of Cassation offers important reflections on how crimes of domestic abuse are treated by the Italian legal system. It underscores the necessity of a proper and timely contestation of crimes, highlighting that even seemingly isolated behaviors can constitute stalking conduct. Furthermore, the ruling reaffirms the importance of protecting the dignity and rights of victims of abuse, in a legal context that must increasingly orient itself toward the protection of the most vulnerable individuals.
