“The behavior vulgar, disrespectful and humiliating, characterized by an indefinite series of verbal attacks and insults, usually carried out in respect of a spouse, can configure the offense of abuse when assessed as a unit, revealed the existence of a will aim to achieve a phase of life humiliating and mortifying to the same spouse. “
And ‘as laid down by the Supreme Court judgment no. 41011 of ‘November 11, 2011.
The action was brought by a husband who for years had forced his wife to live in a climate of terror, first bringing it to seek shelter with their children, and then causing it, even to sleep in the car, although they are not closely contact with him.
But the issue of abuse in the family, unfortunately, still among the most topical and debated, even among the law.
Let us summary when it can be said to be made that crime
Article. 572 č.p. establishes:
In the Criminal Code, that crime is classified between “crimes against the family”, but the more modern interpretation tends to place these behaviors among the offenses against the person, or better yet, against the “weak”, since the legislature with this rule is to protect the physical and psychological integrity of persons “more easily attacked,” listed in the text of art. 572 č.p. Moreover, the “family” safeguarded by this article shall be construed broadly, by broadening each consortium of individuals linked by these relationships and habits of life, giving rise to specific relations of coexistence, support and solidarity, is, therefore, peacefully also included the so-called de facto family.
The offense of abuse is classified as a habitual offender, or criminal law doctrine as defined by the best offense to conduct multiple. This means that for the configuration of the criminal act is necessary a plurality of bad treatments, even if in itself irrelevant in terms of criminal law, such as for example the case of continuous and ostentatious indifference to the spouse and the minor, or even in the case pipeline of contempt, ridicule, not criminally relevant (and this has strong similarities with the crime of stalking ex art. 612 bis cp).
This offense is characterized, therefore, for the existence of a set of facts, most of commission but of omission, which could also be considered in isolation is not punishable (acts of infidelity, general humiliation, etc …), which is not punishable (insults, threats, beatings, or minor, procedibili only on complaint), but become relevant criminal because of their repetition over time;
The abuse are achievable in practice with each type of behavior, it is an offense called free-form. It should, however, state: episodic facts and circumstances arising, even damaging to the fundamental rights and maintain their autonomy rights against honor (or against the person or against freedom), and become members of “abuse” if they are part of a larger unitary conduct that requires the victim to a humiliating and unsustainable lifestyles.
The quarrels and occasional sporadic episodes of violence, will never be abuse. In other words, the crime is realized only when it finds a habitual behavior that translates into more action detrimental to the physical or moral integrity, or freedom or decency of the people in the family, against which is placed in be a systematic oppression of conduct, so as to normally painful and mortifying relations between the perpetrator and the victim of aggression.
To integrate the psychological element of the offense, the majority of cases deemed sufficient for the general intent with respect to individual conduct, combined with the knowledge that further adds to the previous conduct, making a reality of a system of offensive behavior, so will a guilty conjugated awareness of their demeanors and recurrence of non-value that it represents (Supreme Court, section VI, no. 4933 of 06/02/2004; Cass., Section VI n. 2800 of 16/03/1995). Consider, in this respect, the case of a spouse who mistreated his wife, into an occasion for jealousy, the other to be drunk, and yet, in other circumstances, for the simple condition humoral, without, however, that among the different pipes there was a prearranged plan.
However, in concretely experience, we can see how difficult it is to imagine the creation of a program of harassment before the completion of the first fraction of conduct, appropriate to incorporate the crime, and as is often the first harassment is fulfilled in a very occasional .
As regards the objective element of the offense of abuse, the case law over the years, has made it clear that nell’alveo acts of harassment can be traced beyond the beatings, insults and hardships, even the manifestations and acts of conscious of offense, contempt, humiliation, ridicule, outrage and servitude: the victim lying will not put up with them as a specific state of violence, but in the overall and lasting moral suffering inflicted on her.
Given the nature of crime to conduct multiple, it should be noted that it is not necessary temporal proximity between the various pipelines and vexatious, that is irrelevant for the purposes of consumption, the fact that the acts offensive to alternate with periods of normal effective behavioral agreement with the agent or family (Court of Cassation, Section VI, 10/08/2002). Indeed, a time interval between a series of episodes and the other offensive, does not negate the existence of the offense, but can lead to permanent for each offense as continuing art. 81 č.p.