Cassation, Judgement n.6970/2011
The fact of the end of parents' marriage is not sufficient to preclude the punishment of a minor scarring threatening the car owner.
To say it is the Supreme Court. Stoats have established that the cognitive faculties of the child, thought to be incapable of sound mind at the time the offense was committed, must be compromised to such an extent that I can not understand the negative value of the fact that he put in place. In this case, the Supreme Court, upholding the conviction against the child, explained that "because a child or adolescent is
recognized - under the combined provisions of Articles. 85, 88, 89 and 90 cod. Pen. - incapable of sound mind at the time of the commission of crime, it is necessary to ascertain the nature and intensity of a disease such as to impair, in whole or part of the cognitive, evaluative and volitional subject, eliminating or greatly reducing the ability to perceive the negative values \u200b\u200band social importance of individual self-determination ( ...). Details
socio-environmental and family - in particular
has clarified the Court overturned the decision with reference to new trial - in which the child may be experienced, particularly painful and divisive, although these can have negative influence on the topic invalidating the potential for critical evaluation of their conduct and facilitate the psychological process of "self-legitimization" the crime, they do not by that very fact, compromise the ability of the child to realize the significance of their actions and volition of the same and therefore do not represent a form of mental illness can not be attributed to an opinion legitimizing "(Cass. 31753/2003 Rv. 226281 - Cass. 15084/2010 rev 247141 - Cass. 17661/2010 rev 247335).
"The acquittal of the child can not be attributed pursuant to art. 98 cp - concluded the second penal section - needs careful justification explaining the reason for the restraint failure.
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