If the spouse refuses to leave home

If the spouse refuses to leave home The legal separation judgement, once issued, has an immediate effect, with the consequence that the former spouse must leave the house immediately. If, however, he or she refuses to leave the marital house then there are several legal instruments that can be used through the assistance of a […]

To install phone spy software is a crime

Installing a spy software on someone else’s phone that allows interception of communications is a crime, even if the person under control is fully aware of it. It is, in fact, a violation of Article 617-bis of the Italian Criminal Code.  The Italian Supreme Court recently ruled (judgement no. 15071/2019) clarifying that the spy software […]

Legitimate Defence Law: what’s new

The new Italian law on legitimate defence has been recently approved on 28.03.2019. The law widens the scope of legitimate defence and intensifies penalties for theft, robbery and trespassing. The reform amends Article 52 of the Italian Criminal Code, which rules legitimate defence. In particular, it is stated that the defence is always considered proportionate […]

Stalking by WhatsApp

In Italy, stalking was introduced by Law Decree no. 11 of 2009 so that any continuative harassing, threatening or persecuting behaviour which causes a state of anxiety and fear in the victim or which forces the victim to change his lifestyle, is punished.  In 2013, the rules on stalking were updated and now, Article 612-bis of […]

The misappropriation of former spouse

The Italian Supreme Court, with judgement no. 52598/2018, ruled that, if after separation the former spouse refuses to return the property to the other spouse, he commits the crime of misappropriation.            In particular, the former wife, once convicted of misappropriation pursuant to Article 646 of the Italian Criminal Code, defended herself before the Supreme Court […]