Domestic Violence: The Legitimacy of Arrest in Almost Flagranza
The recent ruling of the Supreme Court of Cassation, Section VI, No. 30316 of July 23, 2024, provides important clarifications regarding domestic violence and the conditions for arrest in cases of domestic abuse. The decision was necessary following an appeal by the Public Prosecutor against an order from the Court of Larino that did not validate the arrest of A.A., accused of mistreatment, based on a misinterpretation of the concept of almost flagranza.
The Case at Hand
The Preliminary Investigating Judge had deemed that the conditions for flagranza were not met, despite the victim showing evident signs of violence. However, the Prosecutor pointed out that the evidence collected at the time of the intervention by law enforcement demonstrated a context of habitual violence. In particular, the woman had previously filed a complaint, an element that should have indicated the continuity of the violent behavior.
The state of flagranza for the crime of domestic violence is configurably present when the individual harmful episode is not isolated but unequivocally placed in a situation of continuity concerning repeated acts of oppression.
The Court's Considerations
The Cassation reiterated that the signs of violence found on the victim, combined with the statements made to the officers, constituted sufficient evidence to deem the arrest legitimate. The decision is based on a consolidated legal principle, which establishes that in the presence of habitual violent conduct, the crime of domestic violence must be treated with the necessary urgency and attention.
- Recognition of the continuity of violent behavior.
- Importance of victim protection.
- Legitimacy of the arrest even in the absence of an isolated episode.
The Court therefore annulled the contested order, declaring the arrest legitimate, thus highlighting the necessity for an immediate and adequate response from authorities in situations of domestic violence.
Conclusions
This ruling represents an important step forward in protecting victims of domestic violence. The Court of Cassation emphasized the principle that domestic violence should not be considered an isolated incident, but rather a complex and ongoing phenomenon that requires timely and decisive intervention. It is essential that victims of domestic violence can rely on a legal system capable of ensuring their safety and protection, preventing the fear of retaliation from further silencing their voices.
