not stop the judicial work of equal coexistence of more uxorio the legitimate family founded on marriage art. 29 Constitution, which is a very salient issue among couples in our country.
The Court of Cassation, in sentence no 40727 of 22 October 2009, was ruled to this effect and considered integrated the objective element of the offense under Article. 572 cp - abuse in the family - in relation to aggressive behavior held by the partner against the company.
Referring to a consolidated address the Court held that the concept of family underlying the criminal law provisions of Article. 572 cp is to be understood broadly as meaning that the legal subject of the criminal law protection also includes the so-called "de facto family."
As a result, for the configuration of the crime of abuse in the family, which is not relevant to the fact that the criminal act is committed against a person living "marital status", given that the reference contained in. 572 cod. pen. the "family" must be considered to each member of the people among whom, for close relationships and habits of life, relationships have been established to support and solidarity for an appreciable period of time. "
This action, taken in accordance with the previous one, raises some considerations in relation to both the criminal law is the legal system in general
With respect to the former, remains to be seen whether and which measures the broad interpretation of the criminal law is compatible with the principle of strict legality obligatory nature and that govern and oversee the criminal law, given that this interpretative technique produces a stimulative effect of the scope of the standard, increasing the number of pipelines potentially be expected to be an offense.
With regard to the legal system, however, shows that, through decisions of this kind, the Court launches clear signal to lawmakers about the need to intervene de jure amnesty positivization an institution and norm - that of the family in fact - which it claims with bullying in their daily lives, there is, work in people's lives, so that we can no longer pretend nothing "hiding behind a finger."
This ruling, in fact, is part of a larger mail address is also in civil judgments in the application at the head of a partner, just to name a few, the right to compensation for moral and financial damage resulting from the death of mate ( Cass. 2988/94) to continue to live in the family house the exclusive property of the other spouse in the event that custody of the children to become as a result of the cessation of cohabitation (C. Cost. 166/1998), the assignee to take over accommodation of affordable housing and popular as it belongs al nucleo famigliare (Cass. 559/89); a divenire successibile nella titolarità del contratto di locazione di immobili urbani ad uso abitativo i caso di morte del convivente more uxorio (C. Cost. 404/88).
The Court of Cassation, in sentence no 40727 of 22 October 2009, was ruled to this effect and considered integrated the objective element of the offense under Article. 572 cp - abuse in the family - in relation to aggressive behavior held by the partner against the company.
Referring to a consolidated address the Court held that the concept of family underlying the criminal law provisions of Article. 572 cp is to be understood broadly as meaning that the legal subject of the criminal law protection also includes the so-called "de facto family."
As a result, for the configuration of the crime of abuse in the family, which is not relevant to the fact that the criminal act is committed against a person living "marital status", given that the reference contained in. 572 cod. pen. the "family" must be considered to each member of the people among whom, for close relationships and habits of life, relationships have been established to support and solidarity for an appreciable period of time. "
This action, taken in accordance with the previous one, raises some considerations in relation to both the criminal law is the legal system in general
With respect to the former, remains to be seen whether and which measures the broad interpretation of the criminal law is compatible with the principle of strict legality obligatory nature and that govern and oversee the criminal law, given that this interpretative technique produces a stimulative effect of the scope of the standard, increasing the number of pipelines potentially be expected to be an offense.
With regard to the legal system, however, shows that, through decisions of this kind, the Court launches clear signal to lawmakers about the need to intervene de jure amnesty positivization an institution and norm - that of the family in fact - which it claims with bullying in their daily lives, there is, work in people's lives, so that we can no longer pretend nothing "hiding behind a finger."
This ruling, in fact, is part of a larger mail address is also in civil judgments in the application at the head of a partner, just to name a few, the right to compensation for moral and financial damage resulting from the death of mate ( Cass. 2988/94) to continue to live in the family house the exclusive property of the other spouse in the event that custody of the children to become as a result of the cessation of cohabitation (C. Cost. 166/1998), the assignee to take over accommodation of affordable housing and popular as it belongs al nucleo famigliare (Cass. 559/89); a divenire successibile nella titolarità del contratto di locazione di immobili urbani ad uso abitativo i caso di morte del convivente more uxorio (C. Cost. 404/88).
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