Analysis of Judgment No. 25964 of 2023: The Absorption of Mistreatment in Homicide

Judgment No. 25964 of March 2, 2023, issued by the Court of Cassation, offers significant insights into the understanding of the absorption of crimes in the context of homicide, particularly in relation to mistreatment of family members or cohabitants. This principle, already addressed in previous case law, finds new confirmation in this decision.

The Legal Principle of Absorption

The Court has established that the absorption of mistreatment into the crime of homicide does not require a connection between the two offenses, but is based solely on the spatial and temporal contemporaneity of the acts. In other words, to establish the absorption of the crime of mistreatment into that of homicide, it is sufficient for the two events to have occurred within the same temporal and spatial context.

The absorption into the aggravated crime of homicide, committed on the occasion of mistreatment of family members or cohabitants, of the further crime referred to in Article 572 of the Criminal Code is subject only to the spatial and temporal contemporaneity between the acts, a connection between the offenses not being necessary.

Legal References and Practical Implications

This decision is based on several provisions of the Criminal Code, particularly Articles 572 (mistreatment), 575 (homicide), and 576 (aggravating circumstances). It is important to note that previous case law, such as judgments No. 16578 of 2003 and No. 12680 of 2008, had already indicated the need for a similar approach, but judgment No. 25964 further clarifies the contours of this principle.

• Spatial and temporal contemporaneity as a sufficient criterion for absorption.
• Absence of the need for a connection between the offenses.
• Recognition of the seriousness of mistreatment in family contexts.

Conclusions

Judgment No. 25964 of 2023 represents an important legal clarification on the subject of homicide and mistreatment. The simplification of the absorption criterion, based on mere contemporaneity, offers a new perspective for legal professionals and underscores the importance of adequate protection for victims of domestic violence. With this decision, the Court of Cassation reiterates its commitment to ensuring justice in situations of serious human rights violations, such as mistreatment within the family.