Kidnapping and Gambling Addiction: The Cassation Court Ruling n. 19407/2025 Redefines Victim Incapacity

The rulings of the Court of Cassation are crucial for the evolution of law. Ruling n. 19407, filed on May 23, 2025, addresses a current issue: gambling addiction as "incapacity due to infirmity" of the victim, a prerequisite for the ex officio prosecution of the crime of kidnapping. This decision, which rejected the appeal of the defendant Z. P.M. G. L., opens new perspectives on the protection of vulnerable victims.

Ex Officio Prosecution and Victim Incapacity

The crime of kidnapping (Art. 605 of the Italian Criminal Code) is generally prosecuted ex officio. The law strengthens this ex officio prosecution if the victim is vulnerable due to incapacity from infirmity. Traditionally, this was understood in a strict sense, referring to severe mental or physical pathologies. The Supreme Court has now clarified whether gambling addiction can affect the victim's self-determination, justifying ex officio prosecution and ensuring greater protection.

The Novelty of Ruling 19407/2025: Gambling Addiction Recognized

Ruling n. 19407/2025, presided over by R. Pezzullo and drafted by I. Scordamaglia, marks a step forward. The Cassation Court has established that gambling addiction can, under certain conditions, be considered a relevant infirmity for the ex officio prosecution of kidnapping. This broad interpretation aims to protect individuals who, due to specific fragilities, are unable to defend themselves or freely express their will.

The incapacity due to infirmity of the victim, which constitutes a legal prerequisite for the ex officio prosecution of the crime of kidnapping, can also be determined by gambling disorder, in cases where, due to it, the passive subject presents a reduction in their cognitive and/or volitional sphere, even if temporary and not such as to radically compromise or greatly diminish, in their entirety, their intellectual capacities.

This maxim is crucial. It clarifies that the incapacity does not need to be severe or permanent. It is sufficient that the gambling disorder causes a "reduction in their cognitive and/or volitional sphere," even if temporary. The victim, while rationally understanding, may not act freely due to the compulsion and addiction to gambling. The Court recognizes that gambling addiction can undermine self-determination, making the individual more vulnerable to manipulation. This approach extends protection to less obvious conditions that affect individual freedom, in line with previous case law (N. 21065/2024 and N. 33865/2023).

Conclusions and Practical Implications

The Cassation Court's ruling n. 19407/2025 is a turning point. By recognizing gambling addiction as a possible cause of incapacity due to infirmity for the purposes of ex officio prosecution of kidnapping, the Supreme Court strengthens the protection of the most fragile individuals. It calls on legal professionals to be more sensitive to new dependencies and their repercussions on individual freedom, ensuring that cases of kidnapping of victims with gambling addiction can be prosecuted ex officio, in line with the principles of protecting human dignity and personal freedom.