Commentary on Judgment No. 22930 of 2023: Psychological Violence and Property Crimes

Judgment No. 22930 of March 9, 2023, represents an important ruling by the Court of Cassation regarding the applicability of the cause for non-punishability in property crimes, particularly when committed to the detriment of relatives. The Court clarified that, concerning Article 649, paragraph three, of the Italian Penal Code, the cause for non-punishability does not apply in cases of psychological violence or threats, but is exclusively reserved for crimes committed with physical violence.

Reference Legislation

Article 649 of the Italian Penal Code establishes that the cause for non-punishability operates in specific circumstances, excluding the prosecution of certain property crimes if committed by a relative. However, the Court emphasized that this derogation clause applies only when the act is characterized by physical violence. In this specific case, the defendant had committed attempted extortion against their parents, using threats and violence against property, but not physical violence.

Exclusion of the cause for non-punishability pursuant to art. 649, paragraph three, of the Italian Penal Code - Reference to physical violence only - Existence - Crime committed with threat or psychological violence - Applicability of the cause for non-punishability - Possibility. Threat or mere psychological violence do not exclude the applicability of the cause for non-punishability and prosecution upon complaint for property crimes committed to the detriment of close relatives, as the derogation clause provided for by art. 649, paragraph three, of the Italian Penal Code, operates only when the act is committed with physical violence. (Case concerning attempted extortion committed to the detriment of parents with threats and violence against property).

Implications of the Judgment

This judgment has several significant implications for Italian criminal law. Firstly, it clarifies the boundary between physical violence and psychological violence, establishing that the latter is not sufficient to exclude the cause for non-punishability. Furthermore, the Court of Cassation has confirmed previous judicial orientations, creating an important precedent for future cases that may involve similar family dynamics.

• Physical violence must be present for the cause for non-punishability to be invoked.
• Psychological violence or threats do not offer the same legal protection in terms of non-punishability.
• This judgment could influence decisions in family law and criminal liability matters.

Conclusions

Judgment No. 22930 of 2023 offers an important point of reflection on the legal dynamics concerning property crimes within family relationships. It highlights the need to clearly differentiate between forms of violence in order to apply legal provisions correctly and justly. The distinction between physical and psychological violence is not merely a matter of terminology but has direct implications for the prosecution of crimes. Therefore, it is essential that anyone finding themselves in situations of violence, whether physical or psychological, seeks adequate legal support to protect their rights.