The Legitimacy of Arrest for Stalking: Commentary on the Supreme Court Ruling
The recent ruling of the Court of Cassation, Section V Criminal, no. 35235 of September 19, 2024, provides important insights regarding the legitimacy of arrest for stalking. The Court annulled an order from the GIP of the Court of Brescia that did not validate the arrest of A.A., accused of harassment and threats against his ex-partner B.B. This case highlights not only the definition of "habituality" required by the law but also the importance of considering the severity of the actions in relation to the safety of the victim.
The Case at Hand
The GIP of Brescia had initially excluded the validation of the arrest due to a lack of habituality in A.A.'s conduct. However, according to the Cassation, the judge had not adequately considered the events that occurred in February 2024, which could have constituted the habituality required by Article 612-bis of the Penal Code. In fact, jurisprudence establishes that even a small number of significant and repeated incidents can justify the application of the law against stalking.
The Court of Cassation stated that even just two episodes of stalking are sufficient to establish the habituality of the conduct, without the need for a prolonged temporal sequence.
The Reasons of the Cassation
The Court emphasized that the contested order unjustifiably minimized A.A.'s behaviors, despite it being established that he had appeared outside the victim's apartment, brandishing a baton and making threats. The Cassation highlighted that, for the validation of the arrest, the judge must consider the context and significance of the actions taken, evaluating the reasonableness of the decisions made by the judicial police.
- The concept of "habituality" must be interpreted broadly.
- The safety of the victim is paramount in the validation judgment.
- The assessment of behaviors must take into account not only individual episodes but also their overall impact on the victim.
Conclusions
The ruling of the Cassation represents an important step forward in the protection of victims of stalking, reaffirming the need for careful and comprehensive evaluation of behaviors. The legitimacy of A.A.'s arrest has been confirmed, highlighting how even repeated episodes within a short period can constitute the crime of stalking. This decision not only underscores the importance of victim safety but also urges judges to pay greater attention to the relational dynamics that can lead to dangerous situations.
