Inmate Visiting Schedule 2010

The Supreme Court extends the protection under criminal law preparing art lover. 572 cp

Cassation, Judgement n.7929/2011
The Supreme Court extends the protection under criminal law preparing art lover. 572 cp with the prediction of the crime of domestic violence, in March 3, 2011
The characteristic of stable relationship, typical of some extramarital relations, led the Supreme Court to extend the crime of abuse in the family, and the resulting penalty, including a adulterous relationship. The judges of the forum have in fact confirmed the protective order in prison, ordered by the Court of Review of Messina, for a person accused of abuse and inflicted injuries compounded the damage of a woman who had an affair with the suspect. The decision of the review, man had recourse to the Supreme Court highlighted the lack of the element constituting the crime of abuse in the family, complained of by the prosecution, under Article. Cp 572 The applicant, in particular, stressed the fact that he still lived with his wife and children in the marital home and that the adulterous relationship with the offended party would not have resulted in "a stable relationship of the family community." In light of this, it excluded the possibility to configure the specific case, the crime of abuse in the family, the situation is not "capable of determining mutual relations and obligations of solidarity and support" with her lover, the constituent elements of the offense . The Supreme Court considered unfounded the arguments put forward from investigating, whose appeal was declared inadmissible, thus confirming the protective order placed against him.
To justify the Court's position, which has come to say, in terms of examining the full equality of the lover to his wife, should be specified as an offense under Article. 572 cp when you set up between the agent and the victim fulfillment of a stable and enduring relationship, similar to family customs, which determines the onset of a series of reciprocal duties of support and solidarity with the violation of which integrates the details of the crime question. It 'just based on that reconstruction of the criminal case, However, it is shared, over time, the peaceful configurability of the crime of abuse in the family even when the criminal act is committed against a person cohabiting partner, as contained in the recall. 572 cp to the "family" should be considered to "any association of persons including, for close ties and habits of life, relationships have been established to support and solidarity for an appreciable period of time extents cover the notion of family also made" (see Cass. pen., sect. II, sent. 40727/2009).
The judges of legitimacy, in this case, are considered established and well-reasoned order of the original GIP, taken by the Court on the point of review, the fact that the suspect had the victim with a stable and lasting relationship, despite the continued cohabitation with his wife and children. This is enough to say that, in consequence of the breach of the obligations of mutual assistance and solidarity arising from the report, the recurrence of the crime of harassment when the victim is the lover and not the lawful spouse of the suspect.
(Source AMI)