Family Abuse: Sentence no. 47041 of 2024 and the Role of Cohabitation

The recent sentence no. 47041 of the Court of Cassation, filed on December 20, 2024, offers important food for thought on family abuse, delving into the distinction between the offense of abuse and that of stalking, in light of the cessation of cohabitation between the parties. In particular, the Court examined the case of A.A., convicted of family abuse against his cohabitant, and addressed fundamental issues concerning the configurability of the crime and the sanctioning treatment.

The Context of the Sentence

In the specific case, the Court of Appeal of Turin had confirmed the conviction of A.A. to two years and two months of imprisonment for family abuse, as provided for by art. 572 of the Criminal Code. The conviction was based on a series of violent and humiliating conduct perpetrated by the defendant against his cohabitant, even during her pregnancy. However, the defense argued that, since cohabitation had ceased in November 2018, the circumstances of abuse could not be considered integrated.

The sentence emphasized that the crime of abuse is characterized by habitual conduct, which must be assessed in the context of cohabitation and the relationship between the parties.

Abuse vs. Stalking

The Court highlighted that, for the crime of abuse to be configured, a stable cohabitation relationship and mutual affection are necessary. When such cohabitation ceases, as in the case of A.A., it is possible for the illicit conduct to be classified as stalking, pursuant to art. 612-bis of the Criminal Code. This distinction is crucial, as it implies a different assessment of conduct after the rupture of the emotional bond and shared life.

Elements of Assessment and Case Law

• The need for an overall assessment of conduct over time.
• The distinction between habitual behaviors and isolated episodes of conflict.
• The recognition of witnessed violence in the context of abuse.

The Court referred to previous case law, emphasizing that the intent in the crime of abuse is unitary and programmatic, meaning that individual actions must be considered as part of a broader criminal design. Furthermore, it was highlighted how the conduct must be analyzed as a whole, rather than as isolated incidents.

Conclusions

In conclusion, sentence no. 47041 of 2024 represents an important reference point for understanding the legislation on family abuse. The Court of Cassation reiterated the importance of the relational context and cohabitation in assessing conduct. This legal approach not only clarifies the boundaries of the criminal offense but also offers useful guidance for legal professionals in dealing with complex cases of abuse and domestic violence.