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. […]

Private violence

Changing the entire lock of main house door may constitute private violence? Changing the lock of the entrance door with the intention of preventing spouse’s access may constitute an act of private violence. In fact, art. 610 Criminal Code states that “whoever, with violence or threat, force others to do, tolerate or omit something”. Then, […]

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 […]