Attempted Extortion Against Relatives: Commentary on Judgment No. 49651 of 2023

The recent judgment No. 49651 of October 19, 2023, by the Court of Cassation addressed a sensitive and highly relevant issue in Italian criminal law: the requirement for a formal complaint for attempted extortion between relatives. This case not only clarifies the application of Article 649 of the Criminal Code but also offers important insights into family dynamics and the violence that can manifest in private contexts.

The Legal Context of the Judgment

The Court annulled the decision of the Court of Catanzaro without referral, establishing that the complaint-based prosecution provided for by Article 649 of the Criminal Code also applies when threatening conduct is carried out through violence against property. In this specific case, the defendant had damaged the car of his non-cohabiting sister, an act that, while intended to intimidate, had not been formally reported by the victim.

PUNISHABILITY - Attempted extortion against relatives - Complaint-based prosecution pursuant to Article 649 of the Criminal Code in cases of threats carried out through damage to objects - Applicability - Case law. Regarding attempted extortion against relatives, the complaint-based prosecution provided for by Article 649 of the Criminal Code also applies when threatening conduct is carried out through violence against property. (Case in which the defendant had damaged the car of his non-cohabiting sister).

Implications of the Judgment

This judgment has significant implications for criminal law. Firstly, it reiterates the principle that violence, even when directed at material possessions, can constitute a threat within a family context. Furthermore, the recognition of complaint-based prosecution in such circumstances indicates that the legislator intends to protect family relationships, ensuring that victims of such conduct can exercise their right to report.

• Violence against property as a tool of intimidation.
• The necessity of a formal complaint for criminal proceedings.
• Reflections on family dynamics and their legal protection.

Conclusions

Judgment No. 49651 of 2023 represents an important step in Italian jurisprudence concerning attempted extortion between relatives. It not only clarifies the application of the law in situations of domestic violence but also prompts reflection on the importance of a legal system that protects the most vulnerable members of families. It is therefore crucial that victims of such acts feel motivated to report, so that the law can fulfill its role of protection and justice.