Burglary and Special Minor Damage: Commentary on Judgment No. 28110 of 2024

The recent Judgment No. 28110 of 2024 from the Court of Cassation enters into an ever-relevant legal debate concerning burglary and the assessment of minor damage. In particular, the Court clarified that the judge must consider not only the amount of material damage suffered by the victim but also the moral damage resulting from the intrusion into the domestic sphere.

The Legal Context

In the case at hand, the defendant, A. A., was accused of burglary. The Court of Appeal of Naples had initially evaluated the damage suffered as being of special minor importance, applying the mitigating circumstance provided for in Article 62, first paragraph, n. 4) of the Penal Code. However, the ruling of the Cassation affirmed that the judge must also consider moral damage, which often proves to be of significant relevance.

The Maxims of the Judgment

MINOR IMPORTANCE - Burglary - Damage of special minor importance - Assessment criteria - Moral damage caused by the criminal action - Relevance - Existence. In matters of burglary, for the purposes of applying the mitigating circumstance referred to in Article 62, first paragraph, n. 4), penal code, the judge must also take into account the moral damage related to the victim's suffering due to the intrusion suffered in their home.

This maxim highlights a fundamental aspect in the assessment of burglary: moral damage cannot be overlooked. The intrusion into the home represents an act that not only causes material damage but also inflicts deep psychological distress on the victim. The Court, therefore, emphasizes that the judge must consider both dimensions of damage for a fair and just assessment.

The Criteria for Assessing Damage

The ruling of the Cassation reiterates that, for a correct application of the norm, it is essential for the judge to use both objective and subjective criteria in the assessment of damage. In particular:

  • The material damage must be quantified based on concrete evidence, such as invoices or expert reports.
  • Moral damage must be considered in relation to the victim's experience, taking into account their psychological state after the intrusion.
  • The context in which the burglary occurred (time of day, presence of minors, etc.) may influence the overall assessment.

Conclusions

Judgment No. 28110 of 2024 represents an important step in the jurisprudence concerning burglary. It highlights the importance of considering moral damage alongside material damage to ensure a more complete and attentive justice to the needs of victims. Therefore, it is essential that legal professionals and judges are aware of this aspect in their assessment activities, to prevent the minor importance of material damage from undermining the actual suffering endured by victims of burglary.

Bianucci Law Firm