Commentary on Judgment No. 26875 of 2024: Concurrence between Kidnapping and Private Violence

The recent judgment no. 26875 of March 6, 2024, published by the Court of Cassation, provides an important point of reflection on the concurrence between the crimes of kidnapping and private violence. The Court upheld the conviction of the defendant, highlighting how the two offenses can coexist and how they differ in terms of the type of freedom that is violated. In this article, we will analyze the details of the ruling and the legal implications that arise from it.

The Concurrence between Kidnapping and Private Violence

The Court clarified that the crimes of kidnapping (Article 605 of the Penal Code) and private violence (Article 610 of the Penal Code) can concur with each other. Both crimes are characterized by the element of coercion, but they differ in terms of the freedom that is violated: in the case of private violence, the psychological freedom of determination of the victim is considered, whereas in kidnapping, it is the freedom of movement that is compromised.

Kidnapping and private violence - Concurrence - Possibility - Existence - Reasons - Offenses. The crimes of private violence and kidnapping can concur with each other since their respective incriminating elements, integrated by the same material element of coercion, differ in that, in the first case, the psychological freedom of determination of the victim is violated, while in kidnapping, the freedom of movement of the same is violated. (In this case, the Court deemed the decision of the territorial Court, which convicted the defendant for the crimes under Articles 605 and 610 of the Penal Code for having forced the victim, already in a state of deprivation of freedom of movement in her apartment, to hand over her mobile phone and reveal the unlocking code of the account to allow him access to the messages she had sent to her ex-boyfriend, free from criticism).

The Implications of the Ruling

The decision of the Court of Cassation fits into a legal context where the protection of personal freedom and the dignity of the individual are increasingly at the center of attention. The conviction of the defendant, who forced the victim to disclose sensitive information, demonstrates how jurisprudence is refining its response to behaviors that harm not only the physical freedom but also the psychological well-being of the victims.

  • Freedom of movement vs. psychological freedom: crucial differences.
  • The legal consequences of concurrence between crimes.
  • The relevance of evidence in determining the conviction.

Conclusions

Judgment no. 26875 of 2024 represents an important step forward in understanding the relationship between kidnapping and private violence. It confirms the possibility of concurrence between crimes that, while having common elements, protect different aspects of individual freedom. This aspect is fundamental to ensure adequate protection for victims and to ensure that unlawful conduct is appropriately sanctioned. Jurisprudence continues to evolve, and each new ruling offers the opportunity to reflect on how law can respond to contemporary challenges.

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