The decision under comment tackles the issue of the non-punishability of the victim of trafficking (VoT) for a crime related to her condition. To establish the exemption from punishment, the Court emphasizes the victim’s vulnerable position, interpreting art. 54 of the Italian Criminal Code (necessity/duress) accordingly. In this way, the Court sets out a convincing path to be followed in order to secure the non-punishment of VoTs at the domestic level. The decision thus marks a significant step towards fully compliance with the obligation to protect VoTs, especially as ultimately articulated by the ECtHR. 

However, specific legislative mechanisms on non-prosecution/non-punishment remain necessary to averting the risk of further victimizing VoTs through criminal proceedings.