Analysis of Judgment No. 39724 of 2024: The Complaint Filed by the Parent of a Minor Over Fourteen
The recent judgment no. 39724 of September 10, 2024, filed on October 29, 2024, provides significant insights regarding the prosecutability of criminal actions concerning minors over fourteen. In particular, the Court of Cassation clarified that it is not necessary for the complaint filed by the parent to contain an explicit declaration of representation of the minor, thus excluding a formal requirement that could further complicate access to justice for minors.
The Regulatory Context
According to Article 120, paragraph 3, of the Penal Code, the complaint filed by a parent on behalf of a minor over fourteen does not need to contain a specific formula of representation. The Court highlighted that this requirement is not provided by the law, granting the parent an autonomous and distinct right compared to that of the minor. This aspect is fundamental, as it ensures the possibility of legal action even in situations where the minor may not wish to proceed.
Syllabus of the Judgment
Minor over fourteen - Complaint filed by the parent - Presentation in the role of parent - Necessity - Exclusion - Reasons - Consequences. Regarding the prosecutability of the criminal action, for the validity of the complaint filed by the parent of a minor over fourteen, it is not necessary for the act to contain an explicit formula in which the parent declares to present the act for the minor, as such a requirement is not provided for by Article 120, paragraph three, of the Penal Code. (In its reasoning, the Court stated that the law grants the parent a distinct and autonomous right compared to that recognized to the represented minor, which can be exercised even in the presence of contrary will or following the exercise by the latter).
Practical Implications
This judgment has a significant impact on legal practice. First, it simplifies the complaint process for parents, who no longer need to worry about drafting complex documents or including specific declarations that could hinder the prosecutability of the action. Furthermore, the decision reflects an evolution of jurisprudence towards greater protection of minors' rights, allowing parents to actively intervene even in case of opposition from their children.
- Recognition of the parent's autonomous right
- Facilitation of access to justice for minors
- Possibility of legal action even in case of the minor's contrary will
Conclusions
In conclusion, judgment no. 39724 of 2024 represents an important step forward in the protection of minors' rights and in the simplification of legal procedures. It offers a clear interpretation of current regulations, eliminating unnecessary formal requirements and promoting a more direct and protective approach towards minors over fourteen. The implications of this decision will certainly be the subject of discussion and analysis in the coming years, contributing to outlining a legal framework increasingly attentive to the needs for protection and justice for the young.
