The misappropriation of former spouse
The Italian Supreme Court, with judgement no. 52598/2018, ruled that, if after separation the former spouse refuses to return the property to the other spouse, he commits the crime of misappropriation. In particular, the former wife, once convicted of misappropriation pursuant to Article 646 of the Italian Criminal Code, defended herself before the Supreme Court […]
Harassment by phone call
The crime of harassment (art. 660 of the Italian Criminal Code) can also be committed by means of one single telephone call, as recently ruled by the Italian Supreme Court (judgement no. 52099/2018). For the Court, in fact, if the telephone call is offensive towards this is sufficient to recognise the harassment. In the case […]
Violating Shared Custody is a crime
When the spouses separate, the judge rules over the custody of the children. If shared custody is ordered, it is necessary that the children continue to stay with both parental figures, sharing equally the time to be spent with both with each other, except when evident obstacles are in place. But what if the former […]
New legislation for convicted minors
On 10 November 2018 the new Legislative Decree no. 121/2018 entered into force regulating the enforcement of adverse judgements against juvenile offenders. The new discipline, which aims to promote accountability and re-education of prisoners, replaces the previous legislation, completely focused on the imprisonment, with the provision of alternative community criminal measures. Community criminal measures (Art. […]
Divorce: if the spouse does not pay alimony
Art. 570 bis of the Italian Criminal Code takes into consideration the violations of duties regarding family care. In particular, article 570 bis provides that in case of unjustified non-payment of alimony, the non-paying spouse will be sanctioned with a fine between €103,00 and €1032,00 or with the imprisonment for up to 1 year. Article 570-bis constitutes one of […]