Family Abuse and Minors: Commentary on Judgment No. 31929 of 2024

The recent judgment No. 31929 of June 25, 2024, represents an important benchmark for Italian criminal law, particularly concerning family abuse offenses. The Court, with its ruling, has highlighted fundamental aspects regarding the aggravating circumstance of committing such offenses in the presence of minors. In this article, we will analyze the content of this judgment, seeking to clarify the legal and social implications of the decisions made.

The Aggravated Offense of Abuse in the Presence of Minors

According to Article 572, second paragraph, of the Italian Penal Code, family abuse can constitute an aggravating circumstance if committed in the presence of a minor. However, the Court has clarified that it is not sufficient for a minor to witness a single episode of abuse for this aggravated offense to be established. As reported in the headnote of the judgment:

Aggravated offense of committing the act in the presence of a minor - Notion of "act" - Minor's witnessing of a single episode of abuse - Sufficiency - Exclusion - Reasons - For the purpose of establishing the aggravated offense of abuse committed in the presence of a minor, pursuant to Article 572, second paragraph, of the Penal Code, it is not sufficient for the minor to witness a single episode in which the abusive conduct materializes, but it is necessary that the number, quality, and recurrence of the episodes witnessed are such as to infer the risk of compromising their normal psycho-physical development.

Implications of the Judgment

The judgment therefore emphasizes the importance of considering not only the singularity of the episode but also the general context in which these occur. It is necessary to evaluate:

• The number of abuse episodes the minor witnesses;
• The quality of these episodes, i.e., their severity and intensity;
• The recurrence, which indicates how frequently the minor is exposed to such situations.

These elements are essential to understand whether the minor may be at risk of compromising their psycho-physical development. The Court has thus reaffirmed a fundamental protection principle: minors must be protected, and their well-being must be a priority.

Final Considerations

Judgment No. 31929 of 2024 represents a step forward in the protection of minors in situations of abuse. It clarifies that the mere presence of a minor during an episode of violence is not sufficient to establish the aggravating circumstance; rather, a more in-depth analysis of the circumstances is necessary. This approach aims to ensure that legal decisions take into account not only the responsibility of adults but also the need to protect the most vulnerable, minors, from violence and abuse that can indelibly mark their lives and future development.