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Kidnapping and Abduction of Minors: The Court of Cassation Speaks Out (Cass. pen., Sez. V, 20/09/2001)

The recent ruling by the Court of Cassation, Section V, dated September 20, 2001, offers important points for reflection regarding the legal complexity surrounding the crime of kidnapping in relation to the abduction of minors. The judgment clarifies how these two types of crime can coexist, without one absorbing the other, and how each protects distinct legal rights.

Kidnapping and Abduction of Minors: Definitions and Implications

Kidnapping, regulated by Article 605 of the Penal Code, consists of taking possession of a person against their will, depriving them of personal freedom. On the other hand, the abduction of a minor, governed by Article 574 of the Penal Code, concerns the conduct of someone who takes a minor away from the custody of those who have the right to it. The judgment in question clarifies that both crimes can occur simultaneously, as each pursues the protection of different legal goods.

The Reasons for the Coexistence of Crimes

The Court of Cassation emphasized that, in the case of kidnapping and abduction of minors, the unlawful conduct can harm:

  • The right of the custodian to keep the minor in custody;
  • The right of the minor to their personal freedom, understood as the possibility of movement.
The coexistence of kidnapping and abduction of minors does not imply that one absorbs the other, but requires a distinct evaluation of each crime.

This distinction is essential, as both norms aim to protect fundamental rights. Indeed, the protection of the personal freedom of the minor must be guaranteed, as must the right of custody by the custodian. In this context, Italian jurisprudence aligns with principles of human rights protection, such as those enshrined in the European Convention on Human Rights.

Conclusions

The ruling of the Court of Cassation on September 20, 2001, represents an important key to understanding the legal dynamics between kidnapping and abduction of minors. The implications of this decision are significant for legal professionals, as they invite careful consideration of the circumstances of each case. The necessity to protect distinct but coexisting rights must guide the interpretation and application of criminal laws in this area.