Harassing Begging: Analysis of Judgment No. 29233 of 2024

The judgment no. 29233 of May 22, 2024, issued by the Court of Cassation, offers an important reflection on the crime of harassing begging, particularly addressing the issue of prescription. This ruling is situated within a complex legal context where the protection of legal goods and the definition of habitual crimes play a crucial role.

The Legal Context of Harassing Begging

Begging, as a practice of soliciting help from the community, can take various forms. However, when it becomes harassing, it can be classified as a crime. The Court of Cassation, in the ruling under examination, reiterated that harassing begging can be considered a potentially habitual crime, which means it can be constituted by a single act or by the repetition of multiple homogeneous acts.

  • A single episode of harassing begging can constitute a crime.
  • The repetition of such episodes contributes to configuring a habitual crime.
  • The prescription starts from the last unlawful act committed.

The Principle of Prescription and Its Application

One of the most relevant issues addressed by the Court concerns the start of the prescription terms. The ruling establishes that “harassing begging is a potentially habitual crime, which can be constituted both by a single event and by the repetition of a plurality of homogeneous events, so that, in the latter case, the prescription terms begin to run from the completion of the last unlawful act, as only at that moment does the danger of harm to the goods protected by the incriminating norm cease.” This principle is fundamental, as it establishes that the prescription does not begin to run until the last act that can harm the protected legal goods occurs.

Conclusions

Judgment no. 29233 of 2024 represents an important milestone in the jurisprudence regarding harassing begging. It clarifies that the repetition of acts of harassing begging can configure a habitual crime and that the prescription starts from the last act committed. This interpretation not only helps to better define the boundaries of this crime but also provides a useful tool for the protection of the legal goods involved. It is essential for legal practitioners and public administration to consider these guidelines in managing cases of harassing begging.

Bianucci Law Firm