Commentary on Judgment No. 26507 of 2024: Arbitrary Exercise of One's Rights

The judgment no. 26507 of 2024, issued by the Court of Cassation, addresses relevant issues related to the arbitrary exercise of one's rights and its interrelation with the crime of damage. This legal document provides a clear interpretation of Italian criminal law, particularly Article 84 of the Penal Code, and the conditions that determine the absorption of offenses. Let us analyze the content of the judgment and its consequences.

The Crime of Arbitrary Exercise of One's Rights

The crime of arbitrary exercise of one's rights occurs when an individual, to defend their own right, acts violently, both towards people and property. The Court has established that, in the presence of violence against things, a complex crime is constituted, as clarified in the maxim of the judgment:

Crime of arbitrary exercise of one's rights with violence against persons – Aggravating factor of violence against property – Complex crime – Existence - Consequences - Absorption of the crime of damage committed with violence against a person or with threats - Conditions. The crime of arbitrary exercise of one's rights with violence against persons, aggravated by the fact that the act was committed with violence also against things, as a complex crime under Article 84 of the Penal Code, absorbs the crime of damage, aggravated by the use of violence against a person or threats, in cases where the acts committed are not disproportionate to the needs related to the realization of the alleged right, otherwise resulting in a concurrence of crimes.

This maxim highlights how, in situations of violence, an individual's actions can be considered in relation to the rights they intend to protect. If the use of force is not proportionate to the pursued interest, a concurrence of crimes is constituted.

The Legal Implications of the Judgment

The judgment in question has important legal repercussions, as it clarifies the boundaries within which an individual can legitimately exercise their rights. It is essential to understand that the use of violence must always be subordinate to proportionality concerning the right being defended. In this context, the judges referenced previous case law, such as judgment no. 6226 of 2020, which consolidates the principle of proportionality.

  • The crime of arbitrary exercise of one's rights must be evaluated on a case-by-case basis.
  • Violence can never be a legitimate solution to protect a right.
  • An disproportionate action entails the application of more severe penalties.

Conclusions

In summary, judgment no. 26507 of 2024 provides an important clarification on the delicate balance between the right to defend one's rights and the prohibition of resorting to violence. The Court of Cassation, through this decision, reiterates the need for a proportionate and legally correct approach in the protection of rights. It is essential that citizens understand the consequences of their actions, especially when these may lead to violence or damage, and that they always resort to legal avenues to resolve disputes.

Bianucci Law Firm