Domestic Violence: Habitual and Repetitive Harmful Behaviors

Article 572 of the Italian Penal Code addresses “Domestic Violence Against Family Members and Cohabitants,” stipulating that anyone who mistreats a family member or cohabitant is punishable by imprisonment from three to seven years. The penalty increases if the offense occurs in the presence of a minor, a pregnant woman, or a person with disabilities. If serious bodily harm results, the imprisonment ranges from four to nine years, while death can lead to a sentence of twelve to twenty-four years.

The concept of domestic violence is defined broadly, encompassing various forms of abusive behavior within domestic settings, regardless of marital status. The interpretation of “mistreatment” has been refined through numerous judicial rulings aimed at aligning with legislative intent, providing a consistent framework for various cases.

Legislative revisions have addressed empirical gaps in the initial formulation, broadening the definition of domestic cohabitation to include non-marital partnerships. Recent rulings from the Supreme Court clarify that domestic violence can occur even in the absence of physical cohabitation, as long as there is a stable relationship marked by shared responsibilities, particularly regarding children.

Significantly, derogatory language used by an abuser can qualify as mistreatment. For instance, repeated verbal insults, regardless of their severity, fall within the scope of abusive behavior. Additionally, financial control—such as denying a partner access to essential resources—constitutes mistreatment.

Ultimately, the repeated and habitual nature of harmful behaviors is crucial for establishing violations of Article 572. Isolated acts may not be punishable, but their recurrence transforms them into significant offenses under the law. Thus, habituality and repetitiveness are essential components in identifying and prosecuting domestic violence.

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