Italian Supreme Court clarifies legal status of post-separation domestic violence

domestic violence Cassazione rulings family maltreatment legal precedents Italian judiciary

The Italian Supreme Court (Corte di Cassazione) has issued significant rulings regarding domestic violence and the legal status of spouses following separation. According to recent jurisprudence, acts of harassment or violence that began during a marriage and continue after a de facto separation are classified as family maltreatment (maltrattamenti in famiglia) rather than stalking. This is because the legal bond of marriage is not immediately severed by the decision to live apart, and the perpetrator is still considered part of the family circle.

In related judicial developments, the Court has affirmed that a victim's testimony alone can constitute sufficient evidence to justify precautionary measures, such as electronic monitoring or restraining orders, provided the judge rigorously assesses the credibility of the statements.

In a separate high-profile case, the Court of Cassation has made the life sentence of Salvatore Montefusco irrevocable. Montefusco was convicted for the 2022 murders of Gabriela Trandafir and her daughter Renata Trandafir in Castelfranco Emilia. The court rejected defense appeals for mitigating circumstances, noting that the violence and maltreatment committed by the defendant were the primary drivers of the conflict.

Entities

Banca Cis · Corte di Cassazione · Corte d’Assise di Potenza · Francesco Confuorti · Gabriela Trandafir · Giuseppe Gabriele · Guido Gianni · Renata Trandafir · Salvatore Montefusco · Sergio Mattarella

Claims

What the coverage asserts, and how many sources carry each claim.

[○ 1 SOURCE] Nicola Lo Franco was sentenced to 10 years in prison.
[○ 1 SOURCE] President Sergio Mattarella signed three decrees of pardon. www.adnkronos.com
[○ 1 SOURCE] The pardon for individual A. A. was granted due to grave and irreversible health conditions. www.adnkronos.com
[○ 1 SOURCE] Prosecutor Roberto Cesarini requested prison sentences for 10 of the 13 defendants in the Banca Cis trial. sanmarinortv.sm
[○ 1 SOURCE] Guido Gianni received a partial pardon that extinguished three years and two months of his sentence. www.adnkronos.com
[○ 1 SOURCE] The Court of Assize of Potenza issued 13 convictions in a drug trafficking and criminal association trial.
[○ 1 SOURCE] Prosecutors requested a total of 41 years in prison and nearly 63 million euros in damages in the Banca Cis case. sanmarinortv.sm