Italian Court of Cassation (Corte di Cassazione italiana), Criminal Section III, No. 37929/2024, 16 October 2024

Culturally motivated crimes in the Italian criminal system. Gender-based violence and domestic abuse. 

Art. 572 Italian penal code
 

Art. 609-bis Italian penal code

1. The charges brought against the defendant constitute offences for which criminal liability does not require specific intent (dolo specifico), as both offences are punishable on the basis of general intent (dolo generico). This means that, for the conduct to constitute a criminal offence, it is not necessary for the perpetrator to have pursued any ulterior purpose beyond the objective elements of the crime.
 

2. No legal significance may be attributed to what the defence characterises as the defendant's "cultural heritage" derived from their "country of origin", which individuals retain upon arriving in Italy. Such "socio-cultural" considerations may only be taken into account where the conduct in question does not constitute a manifest violation of the victim's sexual autonomy or physical and moral integrity. This principle applies with particular force where such conduct is justified by reference to alleged ethnic subcultures that themselves represent forms of cultural anachronism.
 

3. The Court of Cassation is examining the appeal against the judgment of the court of appeal, which confirmed the defendant's sentence of seven years' imprisonment (together with ancillary penalties) for the offences of continued sexual violence and domestic abuse perpetrated against his spouse.