Commentary on Judgment No. 36 of 2024: Aggravating Circumstances in Crimes Against Minors

The recent judgment No. 36 of November 14, 2024, by the Court of Cassation has sparked extensive debate within the legal community, particularly regarding the applicability of the aggravating circumstance provided for in Article 61, paragraph one, no. 11-ter) of the Penal Code. This provision entails an increase in penalty for those who commit a crime against a minor, especially in educational contexts. The Court clarified that this aggravating circumstance is not limited to crimes against the person outlined in Title XII of the Penal Code, but also extends to offenses that, while not included in this title, still harm the integrity of the person, such as in the case of robbery.

The Meaning of the Aggravating Circumstance

The ruling states:

Aggravating circumstance referred to in Article 61, paragraph one, no. 11-ter), Penal Code - Applicability to crimes against the person not included in Title XII, Book II of the Penal Code - Existence - Reasons - Case law. The aggravating circumstance of having committed a crime against a person to the detriment of a minor within or in the vicinity of educational or training institutions, as referred to in Article 61, paragraph one, no. 11-ter), Penal Code, is applicable not only to the crimes against the person outlined in Title XII of Book II of the Penal Code but also to those not included in the mentioned title that involve conduct harmful to the person, even if concurrently with the injury of other goods. (In its reasoning, the Court specified that this aggravating circumstance is applicable to the crime of robbery, due to its multi-offensive nature, which, in addition to harming property, also affects the freedom and physical and moral integrity of the assaulted minor, in pursuit of profit).

This statement is significant as it broadens the scope of application of the aggravating circumstance, including crimes such as robbery, which although primarily concerning property, also entail an offense against the physical and moral integrity of the victim. This marks an important step forward in the protection of minors, as it recognizes the violence suffered not only as an attack on material goods but as an attack on the person itself.

Legal Implications

The legal implications of this judgment are manifold. Firstly, it underscores the importance of protecting minors, especially in educational contexts. Secondly, it highlights how the extensive interpretation of the aggravating circumstance may lead to harsher penalties for offenders of crimes against minors, thereby contributing to greater deterrence.

  • Application of the aggravating circumstance in the case of multi-offensive crimes.
  • Greater protection for minors in educational contexts.
  • Potentially harsher penalties for crimes against the person.

Conclusions

In conclusion, judgment No. 36 of 2024 represents an important evolution in Italian criminal law, particularly concerning the protection of minors. The broadening of the scope of application of the aggravating circumstance referred to in Article 61, paragraph one, no. 11-ter) of the Penal Code not only strengthens the State's response against crimes perpetrated against the most vulnerable but also sends a clear message condemning any form of violence, regardless of its nature. It is essential that lawmakers continue to monitor these issues to ensure the safety of minors in today's society.

Bianucci Law Firm