Judgment No. 28049 of 2024: Exemption from Punishment and Cohabitation More Uxorio

The judgment No. 28049 of June 14, 2024, issued by the Court of Appeal of Trieste, offers an important reflection on a theme of legal relevance: the applicability of the exemption from punishment provided by Article 649 of the Penal Code concerning the partner in a more uxorio relationship. This ruling not only clarifies the limits of the norm but also establishes an important principle regarding crimes against property.

The Legal Context of the Judgment

The case in question involved Miguel Ernesto Joao, accused of crimes against property, for which the use of the exemption referred to in Article 649 of the Penal Code was argued. This provision states that, in the case of crimes committed against relatives, punishment may be excluded. However, the Court established that such an exemption cannot be applied to partners in a more uxorio relationship, as this figure does not fall within the definition of a relative according to the legislation.

  • Exemption from punishment: Article 649 of the Penal Code
  • Legal nature of the norm
  • Applicability to the more uxorio partner

Analysis of the Ruling's Principle

PUNISHMENT - Exemption under Article 649, Penal Code - Legal nature - Applicability by analogy to the "more uxorio" partner - Exclusion - Reasons. In the context of crimes against property, the exemption under Article 649 of the Penal Code, having the nature of a cause of exclusion of punishment in the strict sense and not a cause of exclusion of guilt, is not applicable, by analogy, to the "more uxorio" partner.

This principle clarifies that the exemption under Article 649 has a specific function: it excludes punishment but not guilt. The Court argued that extending this exemption to the more uxorio partner would violate the principle of legality in criminal law, which requires that the causes of exclusion of punishment be expressly provided by law.

Conclusions

Judgment No. 28049 of 2024 represents an important reference point for Italian jurisprudence in the field of criminal law, particularly regarding crimes against property. It reiterates that only relatives, as defined by law, can benefit from the exemption from punishment provided by Article 649 of the Penal Code, thus excluding partners in a more uxorio relationship. This ruling not only clarifies the legal positions in this matter but also serves to protect the principles of fairness and justice within our legal system.

Bianucci Law Firm