Prohibition of Approach to the Offended Party: Commentary on Judgment No. 24351 of 2023

Judgment No. 24351 of April 28, 2023, represents a significant step in Italian jurisprudence concerning personal precautionary measures, particularly the prohibition of approach to the offended party. This ruling, filed on June 6, 2023, offers a clear interpretation of Article 282-bis of the Code of Criminal Procedure, highlighting the crucial role of protection measures for victims of violent crimes.

Legal Context

The prohibition of approach is a measure adopted to ensure the safety of offended parties, often in situations of domestic violence or stalking. The judgment under review clarifies that this prohibition is considered an accessory prescription to the removal from the family home, as provided for by paragraph 2 of Article 282-bis of the Code of Criminal Procedure. The importance of such a measure lies in its ability to protect victims, creating a necessary margin of safety for their well-being.

Prohibition of approach to the offended party - Accessory prescription to removal from the family home pursuant to art. 282-bis, paragraph 2, Code of Criminal Procedure - Admissibility. The prohibition of approach to the offended party falls within the accessory prescriptions to the removal from the family home that art. 282-bis, paragraph 2, Code of Criminal Procedure, where it grants the judge the power to shape the measure through the indication of related modalities and limitations.

Analysis of the Judgment

The Court reiterated the admissibility of the prohibition of approach as a necessary tool to ensure effective protection for victims. Article 282-bis, paragraph 2, grants the judge the discretion to establish the modalities and limitations of this measure, thus allowing for personalization that takes into account the specific circumstances of each case. This aspect is fundamental, as it allows protection measures to be adapted based on the needs and situations of the individuals involved.

• The prohibition of approach can also be extended to specific locations.
• The judge can assess the risk of recidivism and the severity of the situation.
• The implementation modalities can be modified over time based on the evolution of the case.

Conclusions

Judgment No. 24351 of 2023 offers a clear and detailed view on the importance of the prohibition of approach as a protection measure for offended parties. The possibility for the judge to personalize accessory prescriptions represents a significant step forward in the protection of victims of violence. Precautionary measures, such as those discussed in this judgment, not only aim to punish the guilty but also to ensure a safe environment for those who have suffered abuse, highlighting the centrality of the offended party in the Italian legal system.