Judgment No. 28049 of 2024: Exemption from Punishment and Cohabitation More Uxorio

Judgment No. 28049 of June 14, 2024, issued by the Court of Appeal of Trieste, offers an important reflection on a matter of legal relevance: the applicability of the exemption from punishment provided for by Article 649 of the Criminal Code to a cohabitant more uxorio. This ruling not only clarifies the limits of the rule but also establishes an important principle regarding crimes against property.

The Legal Context of the Judgment

The case in question concerned Miguel Ernesto Joao, accused of crimes against property, for which the exemption under Art. 649 of the Criminal Code was invoked. This provision stipulates that, in the case of crimes committed to the detriment of relatives, punishability may be excluded. However, the Court ruled that this exemption cannot be applied to cohabitants more uxorio, as this category does not fall within the definition of relative according to the legislation.

• Exemption from punishment: Art. 649 of the Criminal Code
• Legal nature of the rule
• Applicability to cohabitants more uxorio

Analysis of the Judgment's Maxim

PUNISHABILITY - Exemption under Art. 649, Criminal Code - Legal nature - Applicability by analogy to cohabitants "more uxorio" - Exclusion – Reasons. In the context of crimes against property, the exemption under Art. 649 of the Criminal Code, having the nature of a cause for the exclusion of punishability in the strict sense and not a cause for the exclusion of culpability, is not applicable, by analogy, to cohabitants "more uxorio".

This maxim clarifies that the exemption under Art. 649 has a specific function: it excludes punishability, but not culpability. The Court argued that extending this exemption to cohabitants more uxorio would amount to a violation of the principle of strict legality in criminal law, which requires that causes for the exclusion of punishability be expressly provided for by law.

Conclusions

Judgment No. 28049 of 2024 represents an important reference point for Italian jurisprudence in criminal law, particularly concerning crimes against property. It reiterates that only relatives, as defined by law, can benefit from the exemption from punishment under Art. 649 of the Criminal Code, thus excluding cohabitants more uxorio. This ruling not only clarifies legal positions on the matter but also serves to protect the principles of equity and justice within our legal system.