Commentary on the Sentence of the Court of Cassation, Criminal Section V, No. 28561 of 2018: The Underestimation of Crimes Against Individual Freedom
The ruling of the Court of Cassation dated June 20, 2018, No. 28561, addresses sensitive issues regarding individual freedom and the protection of minors. In particular, the Court confirmed the conviction of G.R., G.L., and C.G. for stalking and the abduction of the minor D.S., highlighting how the protection of minors must take precedence over family conflicts. This ruling provides important points for reflection for lawyers and parents involved in such disputes.
The Context of the Ruling
The Court of Appeal of Lecce had upheld the first-instance conviction, considering that the behavior of the defendants had generated a serious state of anxiety in the victims. The appellants argued that a pathological state had not been demonstrated, but the Court reiterated that such a condition can be inferred from the words of the victims, provided that their reliability is assessed.
- Conviction for stalking against Q.V.R., D.L., and D.S.
- Violation of domicile against Q.V.R.
- Abduction of the minor D.S. by G.R.
The ruling reiterated that a serious state of anxiety does not necessarily have to be established through medical examinations, but can also be assessed based on established experience.
Analysis of the Grounds for Appeal
In their appeal, the defendants raised numerous objections, including the lack of evidence of psychological harm and the incorrect interpretation of criminal laws. However, the Court deemed the arguments inadmissible, emphasizing that the conduct of the defendants was aimed at abducting the minor from her father, violating the court's orders.
Furthermore, the Court clarified that the abduction of a minor is a serious crime, and that Italian legislation, particularly Article 574 of the Penal Code, is clear in punishing such behaviors. Despite the defendants' objections, the Court confirmed that the psychological element had been correctly considered.
Conclusions
The ruling No. 28561 of 2018 of the Court of Cassation serves as an important reflection on the necessity of protecting minors in situations of family conflict. Italian jurisprudence is clear in prosecuting those who attempt to evade judicial provisions regarding custody and visitation of minors. It is essential that lawyers and parents understand the importance of acting in compliance with current regulations to ensure the well-being of the minors involved.
