Commentary on Judgment No. 44042 of 2024: Abuse of Domestic Relationships and Criminal Liability

The recent judgment No. 44042 of September 26, 2024, by the Court of Cassation offers important insights on the abuse of domestic relationships, highlighting the configurability of the aggravating factor in contexts of cohabitation and habitual presence in the victim's residence. This article aims to analyze the legal principles underlying this ruling and the implications for criminal law.

The Regulatory Context and the Maxim of the Judgment

Abuse of domestic relationships - Habitual presence in the victim's residence - Configurability of the aggravating factor - Applicability only to members of the family unit - Exclusion - Exploitation of the fiduciary relationship - Relevance - Specific case. The common aggravating factor of abuse of domestic relationships, as per Article 61, paragraph one, no. 11, of the Penal Code, has an objective nature and is aimed at punishing more severely the crimes committed within the context of a cohabitation relationship or in connection with a relationship arising even from the habitual presence in the victim's residence, pertaining to all situations of exploitation typical of habitual interactions that create a fiduciary relationship between the victim and the perpetrator, from which the latter benefits. (Specific case concerning sexual offenses).

This maxim encompasses a broad and careful view of Italian jurisprudence regarding crimes committed in intimate and familial contexts. Article 61, paragraph 1, no. 11 of the Penal Code establishes that the aggravating factor for abuse of domestic relationships is applicable even in situations of habitual presence, thus expanding the protection perimeter for victims.

Implications of Judgment No. 44042

The judgment, in particular, clarifies that the aggravating factor is not limited to members of the family unit but can extend to anyone who has a habitual relationship with the victim. This aspect is crucial as it recognizes that even friendships or deep acquaintances can lead to abuses, requiring an adequate criminal response.

  • Importance of protecting victims in contexts of abuse.
  • Recognition of power dynamics within domestic relationships.
  • Expansion of jurisprudence in the context of sexual offenses.

The Court has indeed emphasized how the exploitation of the fiduciary relationship between the perpetrator and the victim constitutes a central element for the configurability of the aggravating factor, which necessitates a profound reflection on the responsibilities of those who, while not formally belonging to the family unit, find themselves in a position of closeness and trust towards the victim.

Conclusions

In conclusion, judgment No. 44042 of 2024 represents a significant step in strengthening the legal protection of victims of abuse in domestic and familial relationships. Jurisprudence tends to recognize and punish with greater severity not only crimes committed by family members but also those perpetrated by individuals who may have established a trust relationship with the victim. It is essential to continue monitoring the evolution of legislation and jurisprudence in this area so that victims can find in the law an effective and timely protective tool.

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