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Domestic Abuse: Judgment No. 47041 of 2024 and the Role of Cohabitation

The recent judgment No. 47041 of the Court of Cassation, filed on December 20, 2024, provides important insights on domestic abuse, exploring the distinction between the crime of abuse and that of stalking, in light of the cessation of cohabitation between the parties. In particular, the Court examined the case of A.A., convicted of abuse against his partner, and addressed fundamental issues regarding the configuration of the crime and the punitive treatment.

Context of the Judgment

In the specific case, the Court of Appeal of Turin had upheld A.A.'s sentence to two years and two months in prison for domestic abuse, as provided by Article 572 of the Penal Code. The conviction was based on a series of violent and humiliating behaviors perpetrated by the defendant against his partner, even during her pregnancy. However, the defense argued that, since cohabitation had ceased in November 2018, the circumstances of abuse could not be considered applicable.

The judgment emphasized that the crime of abuse is characterized by habitual conduct, which must be assessed in the context of cohabitation and the relationship between the parties.

Abuse vs. Stalking

The Court highlighted that, for the configuration of the crime of abuse, the existence of a stable cohabitation relationship and mutual affections is necessary. When such cohabitation ceases, as in the case of A.A., it is possible for the unlawful behaviors to be classified as stalking, pursuant to Article 612-bis of the Penal Code. This transition is crucial, as it implies a different evaluation of behaviors after the breakdown of the emotional bond and shared life.

Evaluation Elements and Jurisprudence

  • The need for a comprehensive assessment of behaviors over time.
  • The distinction between habitual behaviors and individual episodes of conflict.
  • The recognition of assisted violence in the context of abuse.

The Court referenced previous case law, emphasizing that the intent in the crime of abuse is unitary and programmatic, meaning that individual actions must be considered as part of a broader criminal plan. Furthermore, it was highlighted that the behaviors must be analyzed as a whole, rather than as isolated episodes.

Conclusions

In conclusion, judgment No. 47041 of 2024 represents an important reference point for understanding the regulations on domestic abuse. The Court of Cassation reiterated the importance of relational context and cohabitation in the assessment of behaviors. This legal approach not only clarifies the boundaries of the criminal offense but also provides useful guidance for legal professionals in addressing complex cases of abuse and domestic violence.

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