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infant abduction from the cradle not only is "unable to abduction" but also "kidnapping"

Cassation, Judgement n.6220/2011
The Supreme Court ruled that integrates the crime of kidnapping behavior tended to steal a newborn baby from the crib even though the same can not express dissent. In this case, the crime of abduction incapable of competing with the kidnapping. In spite of a contrary case law on point, the Court, in reference to the exception raised by the defense that had held inoperative art. 605 cp, kidnapping but the art. 574 cp ie subtraction incapable (because the baby does not have freedom of movement and locomotion that Article. cp 605 seeks to protect), explained that "we must not be confused, because the ownership of the right to physical freedom, which is up to each person, which can therefore be considered when the crime victim is unlawfully deprived of that freedom, the ability, legal and practical, to act in defense of their rights. No one would, in fact, reason to believe that the kidnapping of a child of three or four years , which does not yet have the capacity to act to protect their interests, but has the ability to object, crying or screaming, to a kidnapping, in this case does not fall under Article. 650 cp is not clear why the legal then the youngest child, who has not yet the ability to react to an act against themselves, can not be a victim of the crime in question. The truth is that the physical freedom of the child and thus also that of the infant, is provided by parents and / or persons who are being entrusted with their care and custody; (...) When there is the consent of the persons to whom it is entrusted with the custody of a minor who has no capacity to act or to express their disagreement with actions of other people, it must be an implicit disapproval of the child (...) So is the unlawful conduct of deprivation of physical liberty completing the minor crime of which art. 605 cp Finally, the Court concluded adding that the two offenses overlap within the same unlawful conduct, "the fact of stealing a child to the people as the legal guardian of the crime which integrates art. 574 cp, but this does not exclude recourse even the crime of kidnapping. And, in fact, the two standards are not alternatives to each other, neither one absorbs the other (...) and therefore can compete because the two crimes - kidnapping and abduction unable - protect individual rights and other legal interests; physical freedom as far as the offense under Article. 604 cp and the right dell'affidatario inability to keep the above in their custody for the crime under Article. 574 cp, at times, noted the Court of legitimacy, the two crimes may be coincident in the same unlawful conduct (...)".