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 […]

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 […]

Harassment by phone call

The crime of harassment (art. 660 of the Italian Criminal Code) can also be committed by means of one single telephone call, as recently ruled by the Italian Supreme Court (judgement no. 52099/2018). For the Court, in fact, if the telephone call is offensive towards this is sufficient to recognise the harassment. In the case […]

Violating Shared Custody is a crime

When the spouses separate, the judge rules over the custody of the children. If shared custody is ordered, it is necessary that the children continue to stay with both parental figures, sharing equally the time to be spent with both with each other, except when evident obstacles are in place.  But what if the former […]

New legislation for convicted minors

On 10 November 2018 the new Legislative Decree no. 121/2018 entered into force regulating the enforcement of adverse judgements against juvenile offenders.       The new discipline, which aims to promote accountability and re-education of prisoners, replaces the previous legislation, completely focused on the imprisonment, with the provision of alternative community criminal measures. Community criminal measures (Art. […]