Commentary on Judgment No. 32042 of 2024: Family Abuse and Sole Custody

Judgment No. 32042 of 2024, issued by the Court of Cassation, addresses a matter of crucial importance in family and criminal law: the relationship between family abuse and the request for sole custody of children. This case, which saw A. P. M. Picardi as the defendant, highlights relevant aspects concerning the credibility of the victim's statements, within an already complex family conflict context.

The Legal Context of the Judgment

The Court of Cassation, with this ruling, has confirmed a fundamental principle: the pendency of divorce proceedings with a request for sole custody does not automatically compromise the credibility of the victim's statements. This represents an important distinction, as family dynamics can often generate conflicts of interest and disputes over child custody.

• Article 572 of the Criminal Code: governs family abuse.
• Article 30 of the Constitution: protects the family as a natural society.
• Articles 3 and 8 of the European Convention on Human Rights: protection against inhuman treatment and the right to respect for private and family life.

The Guiding Principle

Marital separation - Request for sole custody of children - Victim's statements - Lack of credibility - Exclusion. In matters of family abuse aggravated by the presence of minor children, the pendency of divorce proceedings with a request for sole custody of the children, initiated by the victim, does not in itself undermine their credibility.

This guiding principle highlights how the statements of a person reporting abuse should not be automatically considered unreliable simply because they are linked to a request for separation and custody. It is important to recognize that the motivations behind such requests may be justified by experiences of violence and abuse, which deserve to be evaluated objectively and not superficially.

Conclusions

Judgment No. 32042 of 2024 represents a step forward in the protection of victims of family abuse, especially when minors are involved. It reaffirms the importance of considering individual circumstances and not prejudicing the value of the statements of those who report abuse. Institutions and legal professionals must continue to work to ensure that victims can feel safe in making their reports, without fear of being judged or dismissed due to ongoing legal proceedings. The protection of the rights of minors and victims of domestic violence must always remain a priority of our legal system.