Family Abuse: Analysis of Supreme Court Judgment, Criminal Section VI, No. 38306 of 2023

The judgment of the Supreme Court of Cassation, Section VI, No. 38306 of September 19, 2023, addresses the sensitive issue of family abuse, with particular reference to situations of vertical mobbing in the workplace. The Court overturned the decision of the Court of Appeal of Perugia, which had acquitted an employer accused of abuse against a pregnant employee, A.A. These judgments offer important reflections on the protection of victims and the correct application of legal norms.

Circumstances of the Case

The case concerns A.A., an employee of a hair salon, who reported the owner, B.B., for abuse consisting of insults and threats, aggravated by her pregnant condition. The first-instance judgment had recognized the veracity of the testimonies of A.A. and other witnesses, confirming the severe climate of harassment. However, the Court of Appeal deemed these pieces of evidence to be inconsistent, leading to an acquittal that raised considerable perplexity.

The Court of Appeal omitted the examination of the main evidence, admitting to seeking "an alternative explanation of the facts."

Critical Issues in the Appellate Judgment

The decision of the Court of Appeal was criticized for several reasons, including:

• Absence of adequate reasoning regarding the evaluation of evidence.
• Confusion between the crimes of abuse and stalking.
• Valuation of testimonies deemed unreliable without adequate justification.

The Supreme Court of Cassation emphasized that an appellate judge, when overturning a first-instance conviction, must provide precise and coherent reasoning, explaining the grounds for the different evaluation of the evidence. In this case, the second-instance judges did not adhere to these principles, failing to adequately consider the testimonies supporting the complainant.

Conclusions

Judgment No. 38306 of 2023 represents a significant step forward in protecting the rights of victims of abuse, drawing attention to how evidence and testimonies must be evaluated rigorously and objectively. The Supreme Court of Cassation highlighted the importance of ensuring that victims of abuse and harassment situations receive the necessary legal protection, reaffirming the principle that the legitimacy of a dismissal does not preclude the possibility of abuse, thus underscoring the need for an integrated approach in evaluating such situations.