Domestic Abuse: Analysis of the Cassation Court Ruling, Criminal Section VI, No. 38306 of 2023
The ruling of the Court of Cassation, Section VI, No. 38306 of September 19, 2023, fits into the delicate issue of domestic abuse, particularly regarding situations of vertical mobbing in the work context. The Court annulled the decision of the Court of Appeal of Perugia, which had acquitted an employer accused of mistreatment towards a pregnant employee, A.A. These rulings provide important reflections on the protection of victims and the correct application of legal norms.
The Circumstances of the Case
The case in question involves A.A., an employee of a hair salon, who reported the owner, B.B., for mistreatment consisting of insults and threats, aggravated by her condition of pregnancy. The first-instance ruling recognized the truthfulness of the testimonies of A.A. and other witnesses, confirming the serious climate of harassment. However, the Court of Appeal deemed such evidence inconsistent, arriving at an acquittal that raised numerous concerns.
The Court of Appeal omitted the examination of the main evidence, admitting to seeking "an alternative explanation of the facts."
The Criticisms of the Appeal Ruling
The decision of the Court of Appeal has been criticized for several reasons, including:
- Lack of adequate reasoning regarding the evaluation of evidence.
- Confusion between the crimes of mistreatment and stalking.
- Emphasis on testimonies deemed unreliable without adequate justification.
The Court of Cassation emphasized that the appellate judge, when overturning a first-instance conviction, must provide precise and coherent reasoning, illustrating the reasons for the differing evaluation of evidence. In this case, the second-instance judges did not adhere to these principles, failing to adequately consider the testimonies supporting the complainant.
Conclusions
The ruling No. 38306 of 2023 represents an important step forward in the protection of the rights of victims of mistreatment, drawing attention to how evidence and testimonies must be evaluated rigorously and objectively. The Court of Cassation stressed the importance of ensuring that victims of abuse and harassment receive the necessary legal protection, reaffirming the principle that the legitimacy of a dismissal does not exclude the possibility of mistreatment, thus highlighting the need for an integrated approach in evaluating such situations.
