In judgment no. 32652/2026, filed on 2 September 2026, the Sixth Criminal Division of the Italian Supreme Court considered the significance to be attached to the victim’s silence in proceedings seeking revocation or replacement of a precautionary measure imposed for domestic abuse.

The defendant, convicted under Article 572 of the Criminal Code, had sought replacement of pre-trial detention with house arrest. One of the arguments relied upon was that the victim, although notified of the application under Article 299(3) of the Code of Criminal Procedure, had filed no observations.

The Supreme Court rejected the proposition that this silence could be treated as favourable to the defendant.

Assessment of the continuing concrete and current risk of repetition is a matter for the court and must rest on objective factors: the duration and intensity of the conduct, the characteristics of the case and the offender’s personality. In habitual offences such as domestic abuse, the persistence and determination shown in the conduct are particularly important.

The victim’s position may form part of the overall assessment, but the precautionary decision cannot be reconstructed solely from the victim’s perception of risk, particularly where the victim is in a condition of special vulnerability.

The principle stated by the Court is clear: the victim’s participation in relation to an application to revoke or replace a precautionary measure is merely optional.

Accordingly, failure to submit observations does not permit an inference that the danger has ended or that the victim no longer fears for personal safety. Giving silence such a meaning would turn a protective mechanism for victims into an information burden placed upon them.

The Court also held that neither the mere passage of time in custody nor the defendant’s stated intention to begin a future rehabilitation programme for perpetrators was enough to show that precautionary needs had diminished. A change in the measure requires evidence genuinely indicating a change in the circumstances originally assessed by the court.

The appeal was therefore declared inadmissible.

Italian Supreme Court, Criminal Division VI, judgment no. 32652/2026, hearing 23 July 2026, filed 2 September 2026.

Official source: Italian Supreme Court.
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