Criminal Liability and Stalking: Reflections on the Supreme Court's Ruling

The recent ruling by the Supreme Court of Cassation, Section V, No. 48480 of December 5, 2023, offers significant insights into criminal liability and responsibility in partner conflict situations. In this article, we will explore the key points of the decision, analyzing the legal implications and the broader meaning for stalking cases.

The Case of A.A.: A Complex Dynamic

The appellant, A.A., was accused of stalking and aggravated personal injury against his ex-partner. The Court of Appeal of Naples had upheld the conviction, but A.A.'s lawyers filed an appeal, arguing that the court had not adequately assessed the conflictual nature of the relationship between the parties. The first ground of appeal highlighted the need for a rigorous evaluation of the victim's statements, referencing established legal principles in this area.

The statements of the injured party must be subject to rigorous verification, also considering the relational context and conflict dynamics.

Assessment of Credibility and Damages Compensation

The Supreme Court of Cassation accepted the first ground of appeal, highlighting the lack of adequate verification of the victim's credibility. It was emphasized that the complaints filed by the injured party had been withdrawn, raising questions about their reliability. Furthermore, the Court found an error in the assessment of damages compensation, deeming that payment had been made via cashier's checks, not bank checks, as previously stated by the Court of Appeal.

• Importance of verifying the credibility of statements.
• Relevance of the relational context between the parties.
• Correct recognition of mitigating circumstances based on the facts and available evidence.

Conclusions and Final Reflections

The Supreme Court of Cassation's ruling serves as an important reminder of the need for a thorough analysis of relational dynamics in stalking cases. Criminal liability must not be affirmed without rigorous verification of the evidence, especially in situations characterized by complex conflicts. It will be interesting to observe how the Court of Appeal of Naples, now tasked with re-examining the case, will address the issues raised by the Supreme Court.