Commentary on Judgment No. 37978 of 2023: Family Maltreatment and Recognition of Personal Dignity

Judgment No. 37978 of July 3, 2023, filed on September 15, 2023, offers an important reflection on family maltreatment, highlighting the distinction between normal conflicts within a couple and behaviors that infringe upon personal dignity. This decision by the Court of Cassation is part of an increasingly attentive legal framework for the protection of domestic violence victims, whether physical or psychological.

The Notion of Family Maltreatment

According to the Court, the crime of maltreatment is constituted by repeated behaviors, even if not systematic, which aim to harm the dignity and identity of the victim. It is crucial to understand that a single episode of violence is not sufficient to constitute the crime; rather, the complexity of the conduct as a whole must be considered. The judgment emphasizes that such behaviors can manifest through both physical and psychological violence.

OBJECTIVE (MATERIAL) ELEMENT - Maltreating Conduct - Notion - Case Law. In the context of family maltreatment, the crime is constituted by repeated behaviors, even if not systematic, which, when assessed as a whole, are aimed at harming, through physical or psychological violence, the dignity and identity of the victim, limiting their sphere of self-determination. (In application of this principle, the Court annulled for civil effects the judgment that had considered the unilateral oppressive conduct of the defendant towards his cohabiting partner "more uxorio" as an expression of ordinary "couple's bickering," which instead presupposes that the parties in the relationship confront each other, even vehemently, but on an equal footing, with mutual acceptance of each other's right to express their point of view).

Distinction Between Bickering and Maltreatment

One of the most significant aspects of the judgment is the distinction between the bickering typical of a couple and maltreatment. The Court annulled a previous decision that had considered the defendant's conduct as a mere expression of conflict, highlighting the need for an equal confrontation between the parties. If a confrontation occurs in a relationship, even a heated one, but always respectful of mutual rights, it cannot be considered maltreatment. Conversely, when one partner exercises control or oppression over the other, a context of abuse is established.

• Recognition of the victim's dignity.
• Repeated behaviors as a constitutive element of the crime.
• Distinction between conflict and violence.

Conclusions

Judgment No. 37978 of 2023 represents an important step in the fight against family maltreatment, highlighting the importance of recognizing and protecting victims' dignity. It provides clear guidance for judges and legal professionals, emphasizing that violence, whether physical or psychological, cannot be justified as mere bickering. It is essential to continue promoting a culture of respect and equality within relationships, so that every individual can freely exercise their self-determination without fear of violence or abuse.