Judgment No. 46979 of 2024: Lessons on Personal Injuries and Aggravating Circumstances

Judgment No. 46979 of 2024 from the Court of Cassation offers important insights into the application of aggravating circumstances in the context of intentional personal injuries. In particular, the Court addressed the issue of contesting such aggravating circumstances, clarifying some fundamental aspects for the protection of victims of violence and stalking.

The Legal Context of the Judgment

Regarding the case at hand, the Court confirmed the legitimacy of contesting the aggravating circumstance provided by Article 576, paragraph 1, no. 5.1 of the Penal Code. This provision applies when the crime of personal injury is committed by a perpetrator of stalking against the same victim. The Court emphasized that, for the application of this aggravating circumstance, no evaluative element is necessary; it is sufficient to establish the identity between the author of the crime and the victim.

Analysis of the Judgment's Maxim

Aggravating circumstance provided by Article 576, paragraph 1, no. 5.1), Penal Code - Factual contestation - Admissibility - Reasons - Case. In the context of intentional injuries, the factual contestation of the aggravating circumstance provided by Article 576, paragraph 1, no. 5.1, Penal Code is legitimate when the crime is committed by the author of stalking against the same victim, as this aggravating circumstance does not present any evaluative element since, due to its configuration, it is sufficient to establish the objective fact of the identity of the perpetrator of the crimes and the victim. (In this case, the Court deemed the contested decision immune from criticism, which considered the crime of personal injury, aggravated by the aforementioned circumstance, to be prosecutable ex officio, even if not explicitly contested, as the joint reading of the charges revealed that the act was committed by the perpetrator of stalking against the same victim).

This maxim highlights a crucial principle: the contestation of aggravating circumstances can occur even in the absence of a specific mention, as long as the link between the author of the crime and the victim is clear. This interpretation aligns with the need to protect victims of violence, ensuring that the legal system can effectively intervene in situations of repeated aggression.

Practical Implications of the Judgment

The decision of the Court of Cassation emphasizes the need for greater attention from legal practitioners in evaluating cases of personal injuries, especially when preceded by stalking acts. The practical implications of this judgment can be summarized in the following points:

  • Clarity in establishing the identity between the perpetrator and the victim.
  • Admissibility of factual contestation of aggravating circumstances without the need for their explicit mention.
  • Greater protection for victims of stalking through the application of aggravating circumstances.

Conclusions

In summary, Judgment No. 46979 of 2024 represents an important step forward in the protection of victims of violence, confirming the legitimacy of contesting aggravating circumstances in a pragmatic and direct manner. This approach not only facilitates criminal action but also sends a strong signal against gender violence and persecution dynamics. Jurisprudence continues to evolve, and with it, the methods of protecting vulnerable individuals in our legal system.

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