Commentary on Judgment Cass. pen., Section V, no. 28561 of 2018: Underestimation of Crimes Against Individual Liberty

The judgment of the Court of Cassation of June 20, 2018, no. 28561, addresses sensitive issues concerning individual liberty and the protection of minors. In particular, the Court confirmed the conviction of G.R., G.L., and C.G. for stalking and for the abduction of the minor D.S., highlighting how the protection of minors must prevail over family conflicts. This judgment offers important food for thought for lawyers and parents involved in disputes of this kind.

The Context of the Judgment

The Court of Appeal of Lecce had confirmed the first-instance conviction, holding that the conduct of the defendants had generated a serious state of anxiety in the victims. The appellants argued that a pathological condition had not been proven, but the Court reiterated that such a condition can be inferred from the victims' words, provided their credibility is assessed.

• Conviction for stalking against Q.V.R., D.L., and D.S.
• Trespassing against Q.V.R.
• Abduction of the minor D.S. by G.R.

The judgment reiterated that the serious state of anxiety does not necessarily have to be ascertained through medical examinations, but can also be assessed based on common experience.

Analysis of the Grounds for Appeal

In their appeal, the defendants raised numerous objections, including the lack of proof of psychological damage and the incorrect interpretation of criminal law. However, the Court deemed the arguments inadmissible, emphasizing that the defendants' conduct was aimed at taking the minor away from her father, in violation of the Tribunal's orders.

Furthermore, the Court clarified that the abduction of a minor is a serious crime, and that Italian legislation, particularly Article 574 of the Criminal Code, is clear in punishing such behavior. Despite the defendants' objections, the Court confirmed that the psychological element had been correctly considered.

Conclusions

Judgment no. 28561 of 2018 of the Court of Cassation serves as an important reflection on the need to protect minors in situations of family conflict. Italian jurisprudence is clear in prosecuting those who attempt to evade judicial orders regarding child custody and visitation. It is crucial for lawyers and parents to understand the importance of acting in compliance with current regulations to ensure the well-being of the minors involved.