The relevance of psychic violence in the crime of stalking

The sentence that acknowledged and finally considered the psychic violence that occurs within a couple in which the woman cannot easily experience all those dynamics of pseudo jealousy, possession, persecution and mastery by the her partner or husband and where the victim is considered an object even up to being able to kill her as happened in the sentence in question. The case of the judgment in question concerns repeated persecutory acts and harassment by a man against his ex-girlfriend persecuted with numerous telephone and computer contacts, insistent requests for meetings, so as to cause her a persistent state of anxiety and fear, as well as fear for her own safety, unfortunately culminating with the killing of the woman with strangulation after yet another fight at the hands of the same man who claimed to love her madly, in fact psychic violence is invisible and since the persecutory acts are basically threats and harassment that do not harm the physical integrity or the good of life are completely different from the murder crime that qualifies with the death event. 20786/2019 of 14/05/19 of the Court of Cassation, section The Criminal – Pres. House – east. Santalucia in which the Supreme Court specifies that the crime of persecutory acts is a crime of a habitual nature and of a typed conduct, while murder is an instantaneous crime casually oriented and, therefore, in the absence of structural affinity between the cases, there is no ‘absorption.

The contested sentence was annulled with referral to the Assize Court of Appeal of Rome in a different composition, in order to decide only in relation to the sanctioning treatment for the crime of persecutory acts, to which it is recognized as an autonomous crime. the College of the Second Section bis consequently sentenced the accused to the sentence of 4 years of imprisonment for the crime of stalking and re-determined the final sentence in life imprisonment. This recognition bodes well for a right increasingly in step with the times and the alongside many women persecuted and intimidated by their current and former cohabitants to ensure that the complaints increase by the women themselves and that therefore the right punishment for the crimes committed is imposed on the offender but there is also the hope that this distinction implemented by the law acts as a deterrent so that there is a decrease in offenses within the couple or against an ex partner, given that the Psychic violence unfortunately lurks well and hides more than you think within the home and the woman must have the strength to report threats and violence to the authorities in charge to find help and support for the problem but above all to recover her serenity.

0