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 […]

Intercourse and marital duties

To have intercourse is among the marital duties, as confirmed by the Italian Supreme Court (order no. 4756/2017). Refusing to have sexual relations, therefore, constitutes a violation of the obligations of moral and material assistance provided for by the Italian Civil Code. In order for an infringement to be recognized a systematic refusal is necessary. […]

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 […]