Commentary on Judgment No. 36 of 2024: Aggravating Circumstances in Crimes Against Minors

The recent judgment No. 36 of November 14, 2024, by the Court of Cassation has sparked widespread debate in the legal field, particularly regarding the applicability of the aggravating circumstance provided for by Article 61, first paragraph, no. 11-ter) of the Criminal Code. This provision stipulates an increased penalty for those who commit a crime against a minor, especially in educational contexts. The Court has clarified that this aggravating circumstance is not limited to crimes against the person provided for in Title XII of the Criminal Code, but also extends to offenses that, while not falling under this title, nevertheless harm the integrity of the person, as in the case of robbery.

The Meaning of the Aggravating Circumstance

The maxim of the judgment states:

Aggravating circumstance under Article 61, first paragraph, no. 11-ter), of the Criminal Code - Applicability to crimes against the person not included in Title XII, Book II of the Criminal Code - Existence - Reasons - Case law. The aggravating circumstance of having committed a crime against the person to the detriment of a minor within or in the vicinity of educational or training institutions, as per Article 61, first paragraph, no. 11-ter), of the Criminal Code, is applicable not only to crimes against the person provided for in Title XII of Book II of the Criminal Code, but also to those, not included in the indicated title, which contemplate conduct that offends the person, even if concurrently with the violation of other interests. (In its reasoning, the Court specified that this aggravating circumstance is applicable to the crime of robbery, due to its multi-offending nature, which, in addition to property, also infringes upon the freedom and physical and moral integrity of the attacked minor, in order to achieve profit).

This statement is significant as it broadens the scope of application of the aggravating circumstance, including offenses such as robbery, which, while primarily concerning property, also involve an offense to the victim's physical and moral integrity. This represents an important step forward in the protection of minors, as it recognizes the violence suffered not only as an attack on material assets but as an attack on the person themselves.

Legal Implications

The legal implications of this judgment are manifold. Firstly, it underscores the importance of protecting minors, especially in educational contexts. Secondly, it highlights how an expansive interpretation of the aggravating circumstance can lead to more severe penalties for those convicted of crimes against minors, thus contributing to greater deterrence.

• Application of the aggravating circumstance in cases of multi-offending crimes.
• Greater protection for minors in educational contexts.
• Possible more severe penalties for crimes against the person.

Conclusions

In conclusion, judgment No. 36 of 2024 represents a significant evolution in Italian criminal law, particularly concerning the protection of minors. The expansion of the scope of application of the aggravating circumstance under Article 61, first paragraph, no. 11-ter) of the Criminal Code not only strengthens the State's response against crimes perpetrated against the most vulnerable but also sends a clear message condemning any form of violence, regardless of its nature. It is crucial for the legislator to continue to monitor these issues to ensure the safety of minors in contemporary society.