Commentary on Judgment No. 28218 of 2023: Family Maltreatment and Unfavorable Norms

The recent judgment No. 28218 of January 24, 2023, by the Court of Cassation offers important food for thought on the application of norms concerning family maltreatment and the succession of laws. In particular, the case examined concerns the complex issue of unfavorable subsequent norms, a crucial aspect for the protection of the rights of victims of domestic crimes.

Unfavorable Subsequent Norms

The Court clarified that, in cases of maltreatment against family members and cohabitants, the applicability of unfavorable subsequent norms is limited to specific situations. According to the maxim expressed in the judgment, "Habitual crime - Succession of laws - Unfavorable subsequent norm - Applicability - Conditions. In the context of maltreatment against family members and cohabitants, where part of the conduct is committed under the validity of the criminal provision referred to in Article 572 of the Criminal Code, as amended in a more unfavorable sense by Article 4, paragraph 1, letter d), of Law October 1, 2012, No. 172, the unfavorable subsequent norm for the offender applies only if a segment of conduct sufficient, in itself, to constitute the habitual nature of the crime occurs after its entry into force."

Habitual crime - Succession of laws - Unfavorable subsequent norm - Applicability - Conditions. In the context of maltreatment against family members and cohabitants, where part of the conduct is committed under the validity of the criminal provision referred to in Article 572 of the Criminal Code, as amended in a more unfavorable sense by Article 4, paragraph 1, letter d), of Law October 1, 2012, No. 172, the unfavorable subsequent norm for the offender applies only if a segment of conduct sufficient, in itself, to constitute the habitual nature of the crime occurs after its entry into force.

This consideration is fundamental to understanding how legislative changes can influence conduct that has already occurred, particularly when dealing with habitual crimes. Norms that worsen the offender's position cannot be applied retroactively, unless new segments of conduct emerge that are sufficient to establish the habitual nature of the crime itself.

Implications of the Judgment

The implications of judgment No. 28218 extend far beyond the specific case. Here are some key considerations:

• The protection of victims of maltreatment must be balanced with the rights of the offender, avoiding retroactive application of punitive norms.
• It is essential that legislative amendments are clear and understandable, so that all actors in the legal system can operate in compliance with the law.
• The Court reiterates the principle of legality, according to which no one can be punished except by virtue of a law that expressly provides for the criminal offense.

Conclusions

In summary, judgment No. 28218 of 2023 represents an important reference point for jurisprudence on family maltreatment. It clarifies the delicate balance between the protection of victims and respect for the rights of the offender, emphasizing the importance of correct application of the laws in force. The issue of the succession of laws and unfavorable subsequent norms remains a crucial topic for criminal law, raising significant questions about justice and fairness in the treatment of domestic crimes.