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 the elements of a safeguard system that aims to protect the economically weaker spouse and children in case of separation or divorce.

Moreover, art. 570-bis takes in consideration further conducts regarding the violation of obligations towards family care:

  1. Whoever abandons household or behaves against the moral environment of the family violating duties connected with parental responsibility or role of spouse;
  2. Whoever squanders minor child or spouse’s goods;
  3. Whoever does not support minor children, unfit for work, spouse, or ascendants.

It appears relevant to highlight that, only last two conducts are prosecutable on an ex officio basis. On the contrary, the first conduct will be prosecutable only under complaint. 

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