Commentary on Judgment No. 15734 of 2023: Stalking and Personal Injury

Judgment No. 15734 of 2023, issued by the Court of Cassation, provides important clarifications regarding the crime of stalking. In particular, it analyzes the attribution of personal injury to the notion of harassment. This ruling is of fundamental importance in the context of protecting the freedom and psychological well-being of victims of stalking behavior.

The Legal Context of Stalking

The crime of stalking, provided for by Article 612 bis of the Criminal Code, aims to protect individual freedom from invasive and intimidating conduct. The judgment under review clarifies that even intentional personal injury can be considered a form of harassment, as it creates a hostile and intimidating environment for the victim.

Stalking - Attribution of personal injury to the victim to the notion of harassment - Existence - Reasons. The conduct of causing intentional personal injury to the victim constitutes the crime of stalking, as it is a mode of consummation of the offense that falls within the notion of harassment, as it concretizes an undue interference or intrusion, immediate or mediated, into the victim's private and social life, by creating an intimidating and hostile climate capable of compromising their serenity and psychic freedom.

Practical Implications of the Judgment

The judgment represents a significant step in Italian jurisprudence, as it broadens the scope of the crime of stalking. In fact, victims of stalking are no longer required to prove a series of constant and repeated behaviors, but can gather evidence even in cases of personal injury, which in itself can constitute the crime.

• The recognition of personal injury as harassment strengthens the protection of victims.
• Previous legal decisions confirm this interpretation, creating an important jurisprudential precedent.
• Victims can now feel more secure in reporting acts of violence, knowing that even single events can be considered stalking.

Conclusions

In conclusion, judgment No. 15734 of 2023 represents a significant development in Italian criminal law, clarifying that personal injury can be considered stalking. This interpretation not only broadens the notion of harassment but also offers greater protection to victims, facilitating their ability to obtain justice. It is essential to continue monitoring the evolution of jurisprudence in this field to ensure ever-greater protection of people's rights.