Comment on Judgment No. 26263 of 2024: Shared Parenthood and Domestic Abuse

The recent Judgment No. 26263 of May 30, 2024, filed on July 4, 2024, provides an important reflection on the configurability of the crime of domestic abuse. In particular, the Court established that mere shared parenthood, in the absence of a marital or cohabitation bond, is not sufficient to establish a "family" relationship for the purposes of applying criminal laws regarding abuse.

The Regulatory and Jurisprudential Context

The Court referred to Article 572 of the Penal Code, which governs crimes of domestic abuse, emphasizing how mere shared parenthood, lacking significant interactions between the parties, cannot constitute a prerequisite for the configurability of the crime. This approach is based on the interpretation of Article 337-ter of the Civil Code, which establishes the obligations of parents regarding the upbringing and maintenance of children, without creating a mutual bond between the parents.

Absence of marriage and cohabitation - Common parenthood - Configurability of the crime - Sufficiency - Exclusion - Reasons. In the context of domestic abuse, mere shared parenthood, outside of a marriage or cohabitation relationship and in the absence of significant contacts between the perpetrator of the conduct and the victim, cannot alone be the prerequisite for considering a "family" relationship relevant for the configurability of the crime. (In the reasoning, the Court specified that the obligations for the upbringing and maintenance of children stipulated by Article 337-ter of the Civil Code imposed on parents do not create a reciprocal relationship between them, as their common child is the only interested party).

The Implications of the Judgment

This judgment represents an important reference point for jurisprudence in family law and abuse cases. The principle established by the Court of Cassation clarifies that family ties cannot be considered superficially but require concrete interactions to be recognized for criminal purposes. The practical implications of this judgment are multiple:

  • Strengthening the need for concrete evidence of abuse to configure the crime.
  • Clarification of the rights and duties of parents in the absence of a marital bond.
  • Possible reduction of unfounded accusations based solely on shared parenthood.

Conclusions

In conclusion, Judgment No. 26263 of 2024 provides a fundamental perspective on family dynamics and their legal implications. The Court of Cassation, with its intervention, clarified that shared parenthood is not sufficient to configure a relationship of abuse, requiring a more in-depth analysis of the interactions between the parties involved. This approach could contribute to greater protection of the rights of both parents and minors, preventing abuses of the legal system in situations of family conflict.

Bianucci Law Firm