Commentary on Judgment No. 26507 of 2024: Arbitrary Exercise of One's Own Rights

Judgment No. 26507 of 2024, issued by the Court of Cassation, addresses relevant issues related to the arbitrary exercise of one's own rights and its interrelation with the crime of damage. This legal document offers a clear interpretation of Italian criminal law, particularly Article 84 of the Criminal Code, and the conditions that determine the absorption of crimes. Let's analyze the content of the judgment and its consequences.

The Crime of Arbitrary Exercise of One's Own Rights

The crime of arbitrary exercise of one's own rights occurs when an individual, in order to defend their own right, acts violently, either towards people or property. The Court has established that, in the presence of violence even against property, a complex crime is constituted, as clarified in the maxim of the judgment:

Crime of arbitrary exercise of one's own rights with violence to persons – Aggravating circumstance of violence against property – Complex crime – Existence - Consequences - Absorption of the crime of damage committed with violence to a person or threat - Conditions. The crime of arbitrary exercise of one's own rights with violence to persons, aggravated by the fact that the act was committed with violence also against property, as a complex crime pursuant to art. 84 of the Criminal Code, absorbs the crime of damage, aggravated by the use of violence to a person or threat, if the acts carried out are not disproportionate to the needs related to the realization of the claimed right, leading, otherwise, to a concurrence of crimes.

This maxim highlights how, in situations of violence, an individual's actions can be considered in relation to the rights they intend to protect. If the use of force is not proportionate to the interest pursued, a concurrence of crimes is constituted.

Legal Implications of the Judgment

The judgment in question has significant legal repercussions, as it clarifies the boundaries within which an individual can legitimately exercise their own rights. It is fundamental to understand that the use of violence must always be subordinate to proportionality with respect to the right that one intends to defend. In this context, the judges have referred to previous case law, such as judgment No. 6226 of 2020, which consolidates the principle of proportionality.

• The crime of arbitrary exercise of one's own rights must be assessed on a case-by-case basis.
• Violence can never be a legitimate solution for protecting a right.
• Disproportionate action entails the application of more severe sanctions.

Conclusions

In summary, judgment No. 26507 of 2024 provides important clarification on the delicate balance between the right to defend one's own rights and the prohibition of resorting to violence. The Court of Cassation, through this decision, reiterates the need for a proportionate and legally correct approach in the protection of rights. It is essential that citizens understand the consequences of their actions, especially when they can lead to violence or damage, and that they always avail themselves of legal channels to resolve disputes.