Unlawful Interference with Private Life: Analysis of Judgment No. 24848 of 2023
The recent judgment of the Court of Cassation No. 24848 of May 17, 2023, filed on June 8, 2023, addresses an issue of significant importance in family law and criminal law, concerning access to the home of a separated spouse and the lawfulness of recording videos within it. This ruling clarifies the limits of potentially intrusive conduct into private life, providing an important interpretation of Article 615-bis of the Criminal Code.
The Legal Context of the Judgment
The central issue concerns the conduct of a separated spouse who is temporarily admitted to the other spouse's home. In particular, the Court ruled that video recording scenes of private life without consent does not constitute the crime of unlawful interference with private life. In fact, Article 615-bis of the Criminal Code safeguards domestic privacy but applies only to those who are strangers to acts of private life, not to those who, as in this case, have legitimate access to the home.
Separated spouse admitted, on a temporary basis, to access the dwelling of the other spouse - Video recording of private life scenes within the dwelling in the absence of consent - Crime of unlawful interference with private life - Configurability - Exclusion - Reasons. The conduct of one who, admitted to access the dwelling of the separated spouse, proceeds to film, without consent, the encounters between the latter and the minor child, does not constitute the crime of unlawful interference with private life, as Article 615-bis of the Criminal Code, which protects domestic privacy, penalizes the conduct of those who are strangers to the acts – subject to capture – of private life, i.e., to the acts or events of a person in a private place, and not that of those who have been admitted, even temporarily, to be part of it.
Implications of the Judgment
This judgment has several practical implications for separated spouses. Firstly, it clarifies that the possibility of recording videos within the spouse's home is not automatically considered a privacy violation when the person making the recording has been legitimately admitted. However, it is crucial that access is temporary and does not involve an abuse of trust. Furthermore, it is appropriate to consider the legal consequences related to the recording of minors, which require particular attention to protect their rights and privacy.
- Recognition of the separated spouse's right of access
- Exclusion of the crime of unlawful interference
- Need for explicit consent for video recording, especially with minors
Conclusions
Judgment No. 24848 of 2023 represents an important step forward in defining the boundaries between the right to privacy and family dynamics. It emphasizes how legitimate access to a dwelling may entail specific rights and duties, and how respect for privacy must remain central in family relationships. Understanding these dynamics is fundamental for anyone managing separation or divorce situations, in order to protect everyone's rights, especially those of the most vulnerable, such as minors.
