Commentary on Judgment No. 40304 of 2024: Stalking and Ex Officio Prosecution
The judgment no. 40304 of September 17, 2024, issued by the Court of Cassation, represents an important step forward in the jurisprudence regarding the crimes of stalking. This ruling clarifies a fundamental aspect: the ex officio prosecution in cases where the perpetrator has received a warning from the police chief does not depend on the time elapsed since that warning.
The Regulatory Context
The reference norm in this matter is Article 612 bis of the Penal Code, which punishes stalking, and the Decree Law of February 23, 2009, no. 11, converted into law no. 38 of April 23, 2009. Article 8 of this decree establishes that, in the event a warning is issued, the authorities must act ex officio in the presence of stalking, regardless of the time that has passed since the warning.
- The police chief's warning has a preventive nature and aims to protect the victim.
- The elapsed time of the warning cannot be an excuse for the perpetrator, who continues to engage in unlawful behavior.
- The Constitutional Court has repeatedly emphasized the importance of protecting individual freedom.
Stalking - Ex officio prosecution in the case of a warning from the police chief - Relevance of the time elapsed since the warning - Exclusion. In matters of stalking, for the purposes of ex officio prosecution in cases where the perpetrator has received a warning pursuant to Article 8 of Decree Law of February 23, 2009, no. 11, converted into law on April 23, 2009, no. 38, the elapsed time of the police chief's warning is not relevant.
Implications of the Judgment
This principle established by the Court has two significant implications. First, it strengthens the protection of victims of stalking, who can rely on a prompt intervention by the authorities, regardless of the time elapsed since the warning. Second, it clarifies that stalking behavior cannot be justified by the expiration of a warning, as the law protects the freedom and peace of individuals.
The judgment no. 40304 is linked to previous jurisprudence, such as judgment no. 34474 of 2021 and no. 17350 of 2020, which have already addressed similar issues, confirming the need for immediate intervention in cases of stalking.
Conclusions
In conclusion, judgment no. 40304 of 2024 represents an important assertion of the law against stalking, emphasizing that the protection of victims must be a priority. Authorities are called to intervene ex officio, without considering the time elapsed since the police chief's warning, thereby ensuring effective protection of individual freedom. This approach is not only in line with national laws but also aligns with the principles of human rights protection enshrined at the European level.
