Judgment No. 36011 of 2023: The Concurrence of Aggravating Circumstances in Criminal Law

The recent ruling by the Court of Cassation, with judgment No. 36011 of July 12, 2023, provides important clarifications on the configurability of the concurrence of special and common aggravating circumstances in criminal law. In particular, the Court examined the relationship between the special aggravating circumstance of a parental relationship, pursuant to Article 609-ter, paragraph one, no. 1) of the Criminal Code, and the common aggravating circumstance of abuse of domestic relations, pursuant to Article 61, paragraph one, no. 11) of the Criminal Code. This article aims to clarify the salient points of this judgment and its legal implications.

Legal Context

The judgment in question falls within a complex legal context, where Italian criminal law grapples with issues of great social relevance, such as domestic violence and the abuse of family relationships. Article 609-ter of the Criminal Code, concerning sexual offenses, provides for specific aggravating circumstances related to the relationship between the perpetrator and the victim. Similarly, Article 61 of the Criminal Code establishes common aggravating circumstances in cases of abuse of domestic relations.

The Ruling's Headnote

Special aggravating circumstance of parental relationship under Article 609-ter, paragraph one, no. 1), of the Criminal Code - Common aggravating circumstance of abuse of domestic relations under Article 61, paragraph one, no. 11), of the Criminal Code - Concurrence - Configurability - Reasons. The concurrence of the special aggravating circumstance of a parental relationship, under Article 609-ter, paragraph one, no. 1), of the Criminal Code, with the common aggravating circumstance of abuse of domestic relations, under Article 61, paragraph one, no. 11), of the Criminal Code, is configurable. This is because, due to the diversity of their "ratio," nature, and foundation, a mere apparent concurrence of norms must be excluded, thus precluding the application of the absorption criterion.

Implications of the Judgment

Judgment No. 36011 of 2023 clarifies that the two aggravating circumstances, while both applicable in the context of family-related offenses, do not exclude each other. In fact, the Court ruled that, due to the diversity of their ratio, it is possible to establish a concurrence between the two aggravating circumstances. This represents a significant step forward in the protection of victims of domestic violence, as it allows for more severe penalties to be imposed on those who commit such crimes.

• Recognition of the seriousness of domestic violence.
• Possibility of applying multiple aggravating circumstances simultaneously.
• Clarity in jurisprudence regarding the interactions between different criminal provisions.

Conclusions

In conclusion, judgment No. 36011 of 2023 represents an important legal precedent in the field of criminal law, particularly concerning domestic violence offenses. The configurability of the concurrence between special and common aggravating circumstances not only offers greater protection to victims but also clarifies the application of criminal norms. It is crucial for the legal system to continue evolving in this direction to ensure that justice is effectively achieved in cases of domestic violence.