Intercourse and marital duties
To have intercourse is among the marital duties, as confirmed by the Italian Supreme Court (order no. 4756/2017). Refusing to have sexual relations, therefore, constitutes a violation of the obligations of moral and material assistance provided for by the Italian Civil Code. In order for an infringement to be recognized a systematic refusal is necessary. […]
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. […]
Failure to pay Alimony and Moral Damages
If the former spouse fails to pay the alimony, he or she may be liable to compensate the other spouse for the damages caused by this failure. This principle has been recently confirmed by judgement no. 17144/2018 of the Court of Rome. The case involved a couple of former spouses, whose husband had repeatedly missed […]